The High Court has dismissed a judicial review brought by a former resident and backed by the Save Scott House campaign against Lewisham Council's decision to grant planning permission for a 31‑storey purpose‑built student accommodation block at Scott House, Deptford.
Judge upholds council's reading of student housing policy
Timothy Corner KC, sitting as a Deputy High Court Judge, rejected the claimant's two main grounds for challenge. The first questioned how policy HO7 of Lewisham's recently adopted local plan should be read — specifically whether planning permission could be granted without a binding nominations agreement already in place with a higher education provider.
The claimant argued permission was unlawful because the scheme relied on a letter of support from Trinity Laban rather than a concluded contract. The judge disagreed, finding no requirement in the text of HO7, its supporting documents, or the London Plan to insist on a signed nominations agreement before permission is granted. The judgement noted evidence that higher education institutions commonly delay entering nominations contracts until construction is advanced, a position reflected in mayoral guidance on student housing.
"Nothing in the wording of HO7, its supporting text, or the London Plan and accompanying guidance suggests that a contractual nominations agreement must exist prior to permission being granted."
Section 106 obligations and timing of agreements
The judge also found that the agreed section 106 planning obligation — which requires the developer to use reasonable endeavours to conclude a nominations agreement by the time of first occupation — was consistent with both local and London‑wide policy. This was central to the court's view that the permission and the developer's obligations complied with the relevant planning framework.
Evictions and protection of previous residents
The second limb of the challenge alleged that former occupants had been inadequately protected during eviction. The judge rejected this ground as well, dismissing the claim that the council and developer had acted unlawfully in how previous residents were removed from the building.
- Development: 31 storeys
- Total units: 502 student rooms
- Affordable units: 176
| Attribute | Figure |
|---|---|
| Storeys | 31 |
| Total student units | 502 |
| Classified affordable units | 176 |
The permission, originally granted in October 2025, allows for the partial demolition of a Victorian building that had provided live/work accommodation and its replacement with the new student development. None of the existing residential occupiers will be retained under the approved scheme.
The court's decision removes a legal obstacle to the project proceeding, though the ruling does not alter the planning conditions attached to the permission or the developer's obligations under the section 106 agreement. For Lewisham residents and stakeholders in Deptford, the judgement clarifies how the council's student housing policy is to be interpreted and confirms that letters of support from higher education providers can be an acceptable interim step prior to formal nominations contracts.
Any further progress on site will be shaped by the developer's timetable for construction and the delivery of the section 106 commitments, including efforts to secure a nominations agreement by first occupation as required by the legal obligations attached to the permission.
