A High Court judge has found against Southwark Council in its bid to appeal against the proposals to use Chamber’s Wharf as a drive site for the Thames Tideway Tunnel.

The complex legal case was argued for four hours by QCs in the High Court last Thursday. The dispute appears to have hinged around the legal wordings relating to the Judicial Review process under which four separate appeals have been brought and the timings of the Statute bringing the Development Consent order into effect. Both are worded differently and the dispute appears to have been related as to whether the appellants were out of time. Southwark Council’s appeal was rejected on the grounds that the application was submitted a day late – the judge also ordered the Council to pay £10,000 in costs.

The judge disagreed with the Council lawyers’ interpretation of the legislation and court practice rules. Southwark Council said the decision emphasises the challenge local communities and councils will face when objecting to major infrastructure projects.

Cllr Peter John, Leader of Southwark Council, said:

"We are extremely disappointed by this decision and the Government’s decision to not consider alternatives to Chambers Wharf.  We always knew this was going to be a tough battle, but I wanted Government Ministers to have to justify to local residents why they think it’s acceptable that their lives should be blighted in this way.  I again repeat my challenge to Eric Pickles and Liz Truss.  Come to Bermondsey and speak to people about why they think seven years of 24 hour a day noise next to homes and schools is ok."

"We will now go back and look at our options, take advice from counsel and make a decision on our next steps. Meanwhile we will continue to work with residents to mitigate the harm they will suffer."

Barney Holbeche, chairman for the Save Your Riverside group which has campaigned vigorously against using the Chambers Wharf location as a site added:

"Save Your Riverside is very disappointed that Southwark's legal challenge to the TTT project in respect of impacts at Chambers Wharf has been rejected by the High Court - and on a legal technicality rather than the merits of the case. We will continue to press Thames Water, the Infrastructure Provider, and the contractors to minimise the impacts of this massive construction imposition on the doorsteps of thousands of Southwark residents in the years to come. We thank LB Southwark for all their efforts and will work closely with them on residents' behalf."

On 12 September the Secretaries of State for Communities and local Government and the Department for Environment and Rural Affairs jointly announced the decision to grant a Development Consent Order for the Tideway Tunnel made on 3rd September 2014 and which came into force on 24th September 2014. At the time Save Your Riverside group commented:

"SYR condemns the government's disgraceful decision to override its own planning inspectors by authorising the use of Chambers Wharf as a drive site for the Thames Tideway Tunnel. The inspectors agreed with SYR and LB Southwark that CW as a drive site was not justified due to adverse local impacts on residents and that alternatives should be looked at.”  SYR described it as a decision which would “come to haunt politicians, officials, and Thames Water and its owners and potential investors."

The outcome of two other legal challenges to the Tideway Tunnel under the Judicial Review process which were heard last Friday is currently still awaited.