Property developer goes to High Court to push through scheme despite opposition

Property developer Circadian is headed for a High Court showdown with Chelsea Harbour in a row over a controversial housing development scheme.

Circadian, a subsidiary of Hutchison Whampoa, won planning consent to build 802 flats and two towers on its site to the north of Chelsea Harbour and adjoining land. The company also needed consent from Chelsea Harbour under a deed made in 2000 but Chelsea Harbour refused permission for the scheme in July last year on the grounds that the plans included an underground car park, but the site was allowed only upmarket housing.

Chelsea Harbour was also concerned that future residents of Circadian’s site would be able to use its roads and estate, which it described as a wholly unsatisfactory situation that was likely to create confusion. But Circadian argues that the planned car park would be used by the owners of high class residential housing on the two areas of land, and other issues involving traffic, roads, and boundaries could be overcome.

Now Circadian is seeking a declaration that the development would not breach the deed, that Chelsea Harbour has unreasonably withheld its consent, and that as a result, Circadian is entitled to carry out the development despite the absence of the consent.