A man who claims he will be living in the shadow of a new 43-storey tower block due for construction at London’s Waterloo should have complained earlier, a High Court judge has ruled.
William Ashton claims that the Doon Street Tower will overshadow the balcony of his flat at Broadwall which is situated some 260 metres east of the development site.
Mr Ashton was cleared to challenge planning permission for the construction of the tower, which will boast 329 new homes, a community sports centre, swimming pool and commercial premises, by former communities secretary Hazel Blears in 2008. His claim has already been rejected by Judge Mole at the High Court.
However, his latest challenge has also fallen foul in the eyes of Appeal Court judge Lord Justice Pill who ruled that Mr Ashton lacked legal “standing” as he had not lodged a complaint during the public inquiry before planning permission was granted.
Sitting with Lord Justice Maurice Kay and Lord Justice Moore-Bick, he said: “I do not consider that the appellant had standing to bring the present claim. His participation in the planning process was insufficient in the circumstances to acquire standing.
“He was not an objector to the proposal in any formal sense and did not make representations, either oral or written, at the properly constituted public inquiry.
“This court cannot make good that deficiency.”