In a new twist in residents' two-year battle to stop the scheme, solicitor Berwin Leighton has said campaigners could challenge the London and Regional Properties project for infringing rights to privacy and a quiet family life enshrined in article 8 of the Human Rights Act.
This follows a letter sent last week by the European Commission to the government over Bromley council's failure to carry out an environmental impact assessment on the scheme before granting planning permission. Under UK and European law, developments must be assessed on how they will affect the area.
Tim Smith, solicitor at Berwin Leighton, said: "Article 8 could be used on the grounds of a project causing disturbance to people in the local area."
Philip Kolvin, chairman of the Crystal Palace Campaign, a local protest group, confirmed that residents might turn to the new legislation. He added: "I fully expect local people to cotton on and take action."
Meanwhile, the government has two months to respond to the commission's letter. If the commission is not satisfied with the reply the case could be taken to the European Union's courts, which could take two years.
The letter questioned the environmental consultant's report on which Bromley relied when deciding that there was no need for an assessment.
A council spokesperson said a judicial review brought by a resident found in April that Bromley had interpreted the law correctly. The spokesperson would not comment on the letter because the council had not seen it yet.
A DETR spokesperson would not comment on the letter, because the department had not yet received it.
The commission's move has been backed by London mayor Ken Livingstone, who has strongly criticised the "hated multiplex".
Architect RHWL took over the project in summer after the withdrawal of Ian Ritchie.
