Alice on the Strand: Report back from the hearing today

“Must a name mean something?” Alice asks Humpty Dumpty, only to get this answer: “When I use a word… it means just what I choose it to mean – neither more nor less.”

Many thanks to everyone who attended today, it meant a lot to me.

Condition 61 of the decision notice passing the Tesco Toxic Towers is below

It is clear that some sort of ventilation system has to be fitted to all flats below the 8^th floor at the most polluted locations to protect residents from the toxic air.

Condition 57 relating to the proposed school is adjacent to the flats is below:

 It is clear that the school may have a ventilation system, but no mention of any filtration system to protect children is mentioned.

The contrast between these two conditions is why I have encouraged residents to donate to a legal fund.

Today, Redbridge and Weston Homes relied on conditions 87 and 82 below. Neither of these conditions means air filers will be installed at the proposed school to protect children. Despite this the advocates for Redbridge and Weston persuaded the judge that conditions 87 and 82 did mean air filters would be provided for the school!

Redbridge and Weston also appeared to say that now was not the right time to judicially review the school. Rather the appropriate time was when the detailed plan for the school comes forward.

I am minded to take this to the court of appeal, although I will need advice shortly that a review is reasonable.

What comes to mind is the Aarhus  Convention says legal costs must not be prohibitive. We have spent a considerable amount of money to be told that our strongest point, the school being beside a road is not actionable. This appears a breach of the Convention.

Secondly, the Court of Appeal allows some other compelling reason to give permission for an appeal. It seems to me NICE QS 181 and BB 101 are not stopping schools being built by roads or if they are built, state of the art air filters are not being provided.

It seems the campaign’s key aim now is to persuade Sam Tarry to speak out about what has gone on today at court in parliament next week when Ella’s bill is debated and get the support of other MPs to say this judgement should be overturned in the interests of child health.

No recording at court is allowed, so this is my recollection of the key points, I am sure Redbridge will seek a correction if I have made an error.