Ocado loses High Court fight to use site near primary school

Children and parents from Yerbury Primary School protested outside the court in May

Online supermarket Ocado has lost a High Court fight over the use of a storage and distribution centre near a primary school in north London.

Ocado took legal action against Islington Council over its reversal of approval for use of an industrial estate in Tufnell Park.

But a judge dismissed a claim for judicial review of the decision.

Residents had raised concerns concerns about pollution, and the impact on a nearby primary school.

Ocado expressed "disappointment" at Monday's judgment.

Pupils from Yerbury Primary School had chanted: "Hey, Ocado, leave our school alone"

At a hearing last month, the court heard that in 2019 the council had granted property company Telereal Trillium a certificate of lawful development for the site at Bush Industrial Estate.

Ocado had entered a lease agreement for the units having "relied upon the certificate as conclusive evidence that its intended use of the premises was lawful".

But the council told the court "false information" had been provided by Telereal Trillium and "material information withheld" with regard to the nature and extent of the plan and the nature of the use and occupation.

Engine fumes

Residents had raised concerns about traffic, engine fumes, noise, light, and other forms of pollution, and the effect on the 450 pupils of Yerbury Primary School.

Natasha Cox, a parent and campaigner, described the judge's decision as "a landmark victory", and said it set "a rightful precedent for prioritising children's health over irresponsible growth of online deliveries".

"There is a place for distribution centres but it is not a skipping rope away from primary school classrooms," she added.

The school's head teacher Cassie Moss said the site was opposite the school "literally along the whole length of our playground".

Lawyers representing Ocado argued the council had "erred in law" and failed to take into account material considerations.

High Court judge Mr Justice Holgate disagreed, saying: "Public confidence in certificates of lawfulness of an existing use or development must extend to the reliability of the information put forward by an applicant to support the grant of a certificate.

"That was a matter which Islington plainly had in mind."

He added: "Telereal obtained a certificate to which it was not entitled on the basis of the information it provided and withheld."

An Ocado spokesperson said: "We are disappointed with today's judgment. Our proposals for the Bush Industrial Estate are to build the greenest and quietest grocery facility in the UK with a 100%-electric van fleet.

"We will continue to look at how we can deliver a better service to the borough and significantly reduce our emissions."