In a further setback to the proposed Crystal Palace multiplex development, the Court of Appeal today granted leave to appeal to a local resident who is challenging the legality of Bromley’s grant of planning permission.

Diane Barker, a single Mum from Anerley, south London, will now get a full 3-judge hearing in the Court of Appeal. Her case for judicial review is that Bromley ought to have required developer London & Regional Properties Ltd to carry out a full Environment Impact Assessment as required by European Directive. Ms Barker lost in the High Court last year and her written application for leave to appeal was turned down last month. Today, after two-hours argument by her counsel Mr Robert McCracken QC, Lord Justice Dyson reversed that refusal and accepted that there were “very important matters” to be decided by the Court of Appeal. The two or three day hearing will probably be held in March.

The case has wide implications for planning law in England. And in parallel proceedings the UK government is currently considering a reply to a formal European Commission letter complaining that Bromley’s failure to require an EIA was in breach of the relevant European Directive, binding in UK law.

Ms Barker failed however to extend the injunction she had obtained to stop Bromley felling trees on the Crystal Palace wooded ridge. Lord Justice Dyson ruled that Bromley, as the freeholder of the site who had granted the necessary permissions, was entitled to fell the trees in advance of the nesting season which begins March 1.

Fred Emery CPC spokesman stated: