The High Court has dismissed a judicial review of Lambeth Borough Council’s decision to vary a lease of land on the South Bank of the River Thames to allow for the construction of the Garden Bridge. At a rolled-up hearing Lang J refused permission on the grounds that the claim was unarguable and had not been brought promptly. Lang J’s reasons included that:
- The decision to vary the lease was not a disposal of land for the purposes of s 123(2A) of the Local Government Act 1972;
- Reg. 13(1) of the Asset of Community Value (England) Regulations 2012 was not ultra vires the enabling Act; and
- The Decision fell within the scope of the Council’s powers under s 1 of the Localism Act 2011 and/or s 111 of the Local Government Act 1972.
Clive Sheldon KC and Ronnie Dennis acted for the Council.
