Council hit with new judicial review threat over permission for football training facility

Residents' group, 'Guardians of Whitewebbs', has issued a pre-action protocol letter, claiming the council's planning committee was "materially misled" and that a breach of the Local Government Act 1972 took place, among other arguments.

The litigation follows a failed litigation launched last year that challenged the council's decision to agree a 25-year lease for the grounds with the Premier League football club.

Enfield's planning committee resolved to grant permission to build the facility - which will include 11 football training pitches - in February 2025. Final planning permission was granted in July.

However, the residents' group claims the decision was flawed. It has also voiced serious concerns about the impact on wildlife in the park.

It is advancing the following grounds:

• The council breached the Local Government Act 1972 in relation to transparency requirements for committee meetings.
• The council materially misled the Planning Committee on the issue of Biodiversity Net Gain (BNG).
• The council misinterpreted and/or misapplied Development Management Document (DMD) Policy 84, which requires new development within Areas of Special Character (ASC) to preserve and enhance the features and characteristics which are key to maintaining the quality of the ASC.
• The council misinterpreted and/or misapplied DMD Policy 44 on conserving and enhancing heritage assets.
• The council erred in its consideration of impacts on the openness of the Green Belt.
• The decision to grant planning permission was "tainted" by apparent bias or predetermination.

The group is funding its challenge with the help of crowdfunding and has raised more than £27,000 at the time of writing.

The new challenge follows on from a previous judicial review threat, which argued the council could not have made the disposal as the council-owned land was held subject to a public trust and forms part of the Whitewebbs Park.

The High Court rejected the application in May 2024. An appeal of the decision was also refused by the Court of Appeal in October 2024.

An Enfield Council spokesperson said the London borough is "confident that proper legal processes and procedures have been followed" in the determination of the planning application, adding that the council "will vigorously defend the judicial review".

The spokesperson also said: "The proposed development of part of Whitewebbs Park is set to bring significant benefits to the local community including the protection and enhancement of the park and woods, further investment in a new on-site café, toilets and other facilities as well as preserving open public access to over 80% of the park for all residents."

Adam Carey