Judicial review granted into redevelopment of Surrey village church

The case centres on planning permission given to redevelop one of only two listed buildings in Longcross by Runnymede Borough Council.

The claimant says the local authority failed in its duty to protect a valued heritage asset.

The council says that after receiving a “significant” number of complaints over the redevelopment of Christ Church Longcross into flats, all enforcement matters raised were “fully considered and investigated”.

The decision to go to judicial review was sealed in the High Court on April 2 with the council and other parties having 31 days to present their cases.

The claimant, former councillor Theresa Burton, has spent almost seven years seeking to safeguard the church’s historically important features, court filings read.

In February 2018, she founded the Friends of Christ Church Longcross and in early 2019 was invited by the then planning case officer to join the “Longcross Garden Village Stewardship Panel”.

Mrs Burton says that more than 50 per cent of the original stained glass windows have been lost and all remaining ‘historic glass’ removed as part of the development – replaced with uPVC.

She said the case is being fought to protect “the heritage of this former church building for the benefit of the local community… as one of only two listed buildings which would be within the boundary of the Longcross Garden Village.”

The judge will consider whether the council failed to have regard to material considerations in deciding not to take enforcement action and whether it failed to consult properly and to take into account the product of the consultation.

The judge will also examine whether the council was wrong in granting listed building consent and failed to apply the considerable weight to harm to listed buildings and the conservation area.

A spokesperson for Runnymede Borough Council said: “Planning permission was granted in February 2020 for the conversion of the building which was formerly home to Christ Church Longcross into flats.

“As this scheme was built out, we received a significant number of enforcement requests from a member of the public who raised enforcement concerns with regards to a number of different matters on the site.

“All enforcement matters raised have been fully considered and investigated.

“The person seeking a judicial review does not agree with the decisions of the council with regards the fenestration in the scheme, and has submitted a number of grounds of challenge to the courts with regards decisions about the windows.

“Being granted a hearing only means that the court is willing to hear arguments for and against in more detail with regards some of the grounds raised.

“Allowing a hearing to take place is not an indication that the courts agree with either the council or the claimant’s position, and it is absolutely not a decision either way.

“It is the start of a new stage of consideration about specific aspects of the claim.

“The council will comply with the requirements of the Judicial Review process and justify the reasons for its decision. The courts will consider the merits of the claim in due course.”