27 Nov 2013, 3:40 pm
The Council, as the relevant commons registration authority for the area containing the Southbank Centre, notified LLSB in September that its application under the town and village green (TVG) regime, which the campaign group had submitted in June, was invalid.
The Growth and Infrastructure Act 2013 amended the existing regime to provide that the right to apply to register land as a TVG is excluded where a ‘trigger event’ relating to the land in question has occurred without a corresponding ‘terminating event’ having occurred.
This prevents TVG applications from being accepted by the relevant commons registration authority where an application for planning permission has been publicised by the local authority, or when land has been allocated for development by the local authority as part of a Local or Neighbourhood Plan.
The Southbank Centre, including the skateboard undercroft, is allocated for mixed-use redevelopment in Lambeth's local planning policies.
The Council said at the time of its decision that it had taken independent legal advice and that it had given both Long Live Southbank and the Southbank Centre the opportunity to comment on how the law should be interpreted.
According to the reports, the Council confirmed that it had received notification of the application for judicial review and said it would respond to the High Court within three weeks.