We’re fighting on - JR Appeal to Save the Elephant’s Diverse Community

by Jerry Flynn for Up the Elephant

We’re fighting on - JR Appeal to Save the Elephant’s Diverse Community

by Jerry Flynn for Up the Elephant
Jerry Flynn for Up the Elephant
Case Owner
We are a network of traders, residents, tenants, trade unionists and campaign groups at the Elephant and Castle fighting against the destruction of our local shopping centre community.
Funded
on 17th March 2020
£3,528
pledged of £5,000 stretch target from 151 pledges
Jerry Flynn for Up the Elephant
Case Owner
We are a network of traders, residents, tenants, trade unionists and campaign groups at the Elephant and Castle fighting against the destruction of our local shopping centre community.

Latest: May 29, 2021

The appeal court judgement

Yesterday we finally received the judgement on our appeal against the High Court decision not to overturn the shopping centre planning approval.

I'm sorry to say that the appeal has been lost and …

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We are a network of traders, residents, tenants, trade unionists and campaign groups at the Elephant and Castle, supporting Jerry Flynn’s case to fight against the destruction of our local shopping centre community.

The regeneration of the Elephant has already lost us over a thousand council homes from the demolished Heygate estate, a scandal in a borough with desperate housing need. Now, property developer Delancey has won permission to demolish our local shopping centre and replace it with new shops and nearly a thousand homes, but only 116, at best, will be social rented – and we will have to wait at least ten years to get them. Without our struggle it would have been even worse - Delancey proposed only 33 social rented homes!

We took our fight to stop Delancey to the High Court. Despite the justice of our case and the hard work of our talented legal team we lost in our attempt to quash the planning permission.

But we believe the case is too vital for the local community to end here.  

So, we want to take the case to the Court of Appeal. 

To do this we need your help to raise £3000.

And whilst we may have lost in court first time, we are winning victories on the street. As well as highlighting the appalling lack of social housing in this development, our campaign focuses attention on the plight of the shopping centre traders, faced with the loss of their businesses and livelihoods.  As a consequence, Southwark, the local authority has pledged £200,000 to help traders with relocation.  This is on top of gains already made, in the amount of social housing, securing Delancey's relocation fund and getting relocation premises for traders.

We also still have our great legal team working hard on our behalf - Paul Heron, of the Public Interest Law Centre and barristers, Sarah Sackman of Francis Taylor Building and David Wolfe QC of Matrix Chambers, as well as the support of Southwark Law Centre.

With your help we can get more social housing and a better deal for traders at the Elephant.

Please donate as much or as little as you can afford - everything is gratefully received!  

Please share with your friends - https://twitter.com/uptheelephant_?lang=en https://www.facebook.com/Up-the-Elephant-1117314135042279/

You can read more about our campaign here.


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Update 7

Jerry Flynn for Up the Elephant

May 29, 2021

The appeal court judgement

Yesterday we finally received the judgement on our appeal against the High Court decision not to overturn the shopping centre planning approval.

I'm sorry to say that the appeal has been lost and so the redevelopment of the shopping centre site can proceed. 

We're naturally very disappointed, but nonetheless heartened by the support our campaign has received, which  has ensured that many important improvements to the redevelopment have been made, including: 

  • An increase of the social rented housing from 33 units of s/r equivalent, owned and managed by developer, to 116 proper social rented units, owned and managed by Council or housing association
  • Provision of affordable retail space
  • An established traders’ panel
  • Temporary traders’ premises on Castle Square
  • Trader relocation and assistance funds of £634,700 and £200,000
  • 15-year affordable retail leases 

We have also demonstrated the will and determination of the local community, which will stand us in good stead for the future - the regeneration of the Elephant is far from finished. We will continue our support for the displaced traders, who are negotiating for new market space at the Elephant.

We will also be publishing blogposts very shortly on the legal challenge, on the 35% Campaign and Public Interest Law Centre (PILC) websites.

We must thank our barristers, Sarah Sackman and David Wolfe QC for their unstinting work and expert advocacy; Paul Heron and his colleagues at the PILC for their equally unflagging support and everyone at Southwark Law Centre for pointing us in the right direction, at the outset.

Many thanks once more to all our supporters,

Jerry

UptheElephant campaign 



Update 6

Jerry Flynn for Up the Elephant

March 6, 2021

Our Court of Appeal date is almost here!

Dear Friend

Our long-awaited challenge against the Elephant shopping centre planning permission is fast approaching and will be heard by the Court of Appeal on the 16 and 17 March 2021.

It will be an online hearing, and so we are having an online virtual rally beforehand, at 9.30am on Tues 16 March, one hour before the case starts.

You can join the rally via Zoom using this link
https://us02web.zoom.us/j/84686776386

Meeting ID: 846 8677 6386

We will be joined by Paul Heron, Public Interest Law Centre, Jerry Flynn 35% Campaign, traders and others TBA.

This is part 2 of the legal battle for a development that benefits our community, not tax avoiding offshore developers and their political supporters. We are fighting to get more social rented homes out of billionaires who build only for for profit, not for need. In this David and Goliath struggle we have already come a long way and won much: 

-A traders panel
-A trader relocation fund
-Relocation space for around 40 traders
-116 social rented homes

But it is important to carry on the fight in every way we can.
So please join us on Tues 16 March!
You can watch the rally on FB and YouTube
https://www.facebook.com/UpTheElephant/
https://www.youtube.com/channel/UC9CglAW9ta6SGNyYvoQtHsg
Read more on Facebook here
Please share with your friends -
#ElephantAppeal
#ElephantJR
#SupportElephantTraders

Regards

Jerry

Update 5

Jerry Flynn for Up the Elephant

Nov. 30, 2020

We have an appeal date!

Dear Friends and Supporters

We have just heard that our appeal against the High Court decision that upheld the Elephant Shopping Centre planning approval will be heard on the 16/17 March 2021.

We have no further details, but as soon as we get them we will let you know.

Thanks so much for your continuing support!

You can follow us here and read more here.

Regards

Jerry

Update 4

Jerry Flynn for Up the Elephant

Oct. 28, 2020

We have permission to appeal!

Dear Friends and Supporters

We have just heard from the Court of Appeal that we have permission to appeal against the High Court decision that upheld the Elephant Shopping Centre planning approval.

The application to appeal was made back in March, before the Coronavirus lockdown, so the answer has been long delayed, but it is great news.  It means we now get another chance to make our case for more social housing in the new shopping centre development.

The shopping centre itself closed its doors for the last time on the 26 September. The day was marked by a demonstration in support of the displaced traders.  Our campaign has secured many improvements to the original proposals for the centre, including relocation premises and funds for the traders, but we continue the struggle on behalf of those traders who still have nowhere to go.

We could not have done any of this without the support of all the local people - traders, residents, students, trade unionists, councillors - who have joined with us to fight for an Elephant and Castle redevelopment where we can all afford to live and work.

No date has yet been set for a hearing, but we will let you know as soon as we have any details! 

You can read more here and here.

Thanks for your continuing support!

Regards

Jerry

Update 3

Jerry Flynn for Up the Elephant

April 6, 2020

We're still waiting for a decision

Dear Friends

We are still waiting for a decision on our application for permission to appeal . All parties exchanged written arguments last week and the matter now rests with the court.

We cannot say when we we will hear a decision, particularly in these very uncertain times, but as soon as we hear anything we will let everyone know.

In the meantime Southwark Council is set to approve the £200,000 assistance for traders, won by our campaign, tomorrow.  This money should be distributed immediately as cash grants to traders, whose situation has been rendered dire by the Coronavirus crisis.

Less happily, Southwark is also set to agree measures which will override local residents' legal rights, should they suffer loss of light, due to the shopping centre development, and to assume compulsory purchase order (CPO) powers, on behalf of Delancey.  Both these moves are designed to facilitate a scheme that will deliver a paltry 116 social rented homes, out of nearly a thousand new homes and displace traders wholesale.

You can help us fight these moves, by sharing these hashtags;

#supporttradersnotdelancey #supportelephantnotdelancey #ElephantJR

You can also read more here

Many thanks for your continued support and please all stay well!

Regards

Jerry


Update 2

Jerry Flynn for Up the Elephant

March 19, 2020

We've reached our £3,000 target!

Dear Friend

We've now reached the thirty-day £3,000 target of our CrowdJustice appeal, in our fight to overturn the shopping centre planning approval. We achieved this in just 16 days and it could not have been done without your continuing support. Our stretch target is £5,000.

We are still waiting for a decision on our application for permission to appeal. This does not require a hearing, but it may be that there is a delay because of the general coronavirus emergency. We will let everyone know the answer as soon as we hear.

Meantime the Up the Elephant Campaign continues to support the shopping centre traders. Southwark Law Centre and Latin Elephant have both been working with traders.

Our key demands are that rent and service charges are suspended, that the relocation fund is increased and that the shopping centre is not closed until traders and businesses have been relocated or suitably compensated. This has become a matter of urgency.

Regards
Jerry

Update 1

Jerry Flynn for Up the Elephant

March 16, 2020

We're almost there!

Dear Friend

We have raised a fantastic £2,845 in two weeks, towards our appeal fund to overturn the shopping centre planning permission.

This is all down to your terrific support.

We need just £155 more to get to our £3,000 target.

Please help us by sharing and donating - with just a bit more we will be there!

Many thanks for your continuing support,

Regards
Jerry

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