I have knocked on doors and raised money on this basis on this crowdfunder written by Hodge:

“I am part of a campaign group called stop the Tesco Toxic Towers seeking to challenge the decision of Redbridge London Borough Council to grant planning permission to redevelop the Goodmayes Tesco Extra.

 The development suffers from poor air quality being in an Air Quality Management Area. The development includes proposals to build a school, which will without sufficient safeguards put children at unacceptable risk. We believe the Council acted unlawfully in granting permission because they took insufficient account of air quality and did not take account of the World Health Organisation standards in making their decision.

 The World Health Organisation has said that air pollution is the greatest environmental risk. It says air pollution is one of the leading threats to child health, accounting for almost 1 in 10 deaths in children under five years old.  The UK government itself estimates that the annual mortality of human-made air pollution in the UK is roughly equivalent to between 28,000 and 36,000 deaths every year.

 We have already instructed solicitors, Hodge Jones & Allen, to review the case and they consider that the case has four grounds of challenge which merit further investigation and advice from a barrister.  

 At this stage, we are raising £5,000 to instruct a barrister to review the grounds of challenge and, if there are grounds, to draft a statement of facts and grounds and then to send a pre-action protocol letter to the Council setting out our points of challenge.

If the Council refuses to take account of our letter, and this case ends up going to court and is successful, it could be significant as it would force developers in London implement design measures to protect local people if WHO limits on air pollution are not complied with; at the moment the Council purports only to comply with national limits which are significantly more relaxed and pose a higher threat to local people.

 At a local level, we believe that it is important that children in Redbridge who attend the school are properly protected from the harmful effects of air pollution.” ENDs

Yesterday, a Hodge Lawyer wrote the below to me:

"The Crowdfunding blurb you refer to was clearly written prior to me taking conduct of the matter, and in addition was clearly written prior to Counsel being instructed, stating "At this stage, we are raising £5,000 to instruct a barrister to review the grounds of challenge and, if there are grounds, to draft a statement of facts and grounds and then to send a pre-action protocol letter to the Council setting out our points of challenge".  That paragraph alone makes it clear that we were investigating the matter to ascertain whether there were any merits, highlighting that a barrister would review the grounds to decide if there were any. The Crowdfunding site has no legal basis, and rather was an initial explanation of why you needed to raise money to instruct a barrister. I do not see the relevance of the initial blurb at this stage or at all in relation to the court proceedings."  ENDs

I prefer the original advice given to me by Hodge, it was never changed by Hodge after the first written application which was knocked back and I continued to fundraise on that basis. The monies collected went to Hodge.

I welcome Counsel’s work, but the main issue remains the school for me.

Redbridge claim they do not need have to an air filter system for the proposed school, I say they do. I cannot understand why Redbridge maintain this position when the flats either side of the development have filters on either side to the eighth floor.

I say Hodge were wrong not to send me a 13^th October court letter instructing documents for the bundle to be filed within 14 days. I had no opportunity to comment on the contents within the 14days, this seems wrong to me. I first found out out about the 13^th October 2022 letter on the 22^nd November.

My letter to Hodge on this is at https://drive.google.com/file/d/1EaRyPYtqs915G0K0S9uoSEdRNnOCA59l/view?usp=share_link

Hodge's reply is at:

https://drive.google.com/file/d/1wK3TmygTpJO0t58zbLMDOj27BRFxG5vv/view?usp=share_link

I was very insistent on documents relating to the school and I inadvertently crossed a line by writing this email to Hodge on the 28^th November saying:

“I suggest Richard (our KC at time of writing) and I meet at 12:30pm tomorrow to see if we can come to an agreement. If no agreement can be reached, I will be minded to represent myself. ...

So if I decide to represent myself tomorrow, I will contact you to see if Hodge are willing to find a barrister who shares my belief that it is reasonable under equalities law to say the council had a duty to move the school inside the development and/or provide the best quality air filters.

Can bundles be made available for me tomorrow by Richard if we cannot come to an agreement?” END of email

Counsel came off the record due to taking exception to my email. I applied to the court today for an adjournment to find new legal advisors which was opposed by Redbridge. However, the judge did adjourn and I was given until the 6^th December 2022 to make an application for the further documents.

BB 101: Ventilation, thermal comfort and indoor air quality 2018

Perhaps my best document which I would have liked to discuss with Richard is: BB 101: Ventilation, thermal comfort and indoor air quality 2018

This Building Bulletin provides guidance on ventilation, thermal comfort and indoor air quality in schools

6.5 Outdoor air pollutants and sources

A wide range of pollutants generated outdoors are either known or suspected of adversely affecting human health and the environment.

Key urban pollutants that need to be considered include those covered by the UK National Air Quality Strategy (NAQS)90 .

These are presented in Table 6 10. The description and main UK sources for each pollutant, as well as their potential effects on health/environment are discussed in the UK Air Quality Strategy (Volume 1). London and major UK cities now require measures to tackle the problem of exposure of staff and students to frequent high air pollution while working and studying inside school buildings.

The elevated air pollution levels close to some schools mean that designers must consider:

 the location of air intakes in unpolluted zones

 closing windows when external pollutant levels are high

 the use of air filtration units

 effective air filtration in ventilation systems

Air filtration is the most effective solution currently available to remove health damaging airborne pollutants and maintain clean indoor air for school buildings located in air pollution hotspots. Designers of ventilation systems for schools in areas of high pollution may therefore need to incorporate air filtration in such locations. (my emphasis) ENDs

This suggest Councils must consider ventilation systems in new schools to protect children from pollution. No reason as yet has been given by Redbridge as to why they have ignored their duty to consider school air filters.

I expect to apply to make an application for this and other documents shortly and I will report further in due course.

I remain of the view that Hodge's initial advice that the school issue was is our best point and remain baffled as to why it changed. I hope new advisors shortly and start fund raising again soon.

While Mr Village appears the best planning barrister in England it does not guarantee our application for permission on 29th November will fail.

Tescos, Redbridge Council and Weston Homes all agree that mechanical ventilation is required to protect residents to flats facing the High Road to the 7th floor. I cut and paste condition 62 presented to Councillors and in our bundle when they passed the development.

62. (Air Ventilation): All the residential dwellings located at floors seven (7) and below for all the residential blocks directly facing onto the High Road Goodmayes to the north, the railway line/service road to the south, and the existing Access Road into the site to the east shall be fitted/ ventilated with either air obtained from elevated locations within the development and/or the use of nitrogen dioxide filters, both of which shall utilise closed mechanical ventilation to ensure national objectives with respect to air quality are met for future residential occupiers of the development.

This mitigation shall be to be operational prior to any occupation by residents at floors seven (7) and below in the locations described above and with regard to the relevant Phase/s indentified on the Phasing Plan submitted under condition 3 above, and shall be retained and maintained thereafter unless otherwise agreed in writing with the local planning authority.

Reason: In order to ensure the development meets local, regional and national air quality objectives, and in accordance with Policy LP24 of the Local Plan and Policy SI 1 of the London Plan. ENDs extract

Mechanical Ventilation for the school was meant to be provided with regard to overheating: per A338 of our bundle

20.34 The proposed overheating mitigation is as follows:

▪ The use of natural ventilation via openable windows/doors and increased

mechanical ventilation in residential apartments.

▪ For the residential apartments affected by higher levels of external noise, it

is proposed to install a cooling coil on the ventilation supply to assist in

reducing the impact of high summer temperatures. This will provide the

occupants with an alternative method of sufficiently reducing the risk of

overheating without opening the windows.

▪ The use of natural ventilation via openable windows/doors and mechanical

ventilation for the south-facing classrooms.

20.35 These measures will be secured by condition, and will be applicable to the

rooms/flats that fail the comfort range, (ENDS my emphasis)

However, Redbridge failed to include mechanical ventilation for the school. I cut and paste condition 58:

58. (Ventilation/Filtration/Extraction): Prior to the first occupation/use of the

school hereby approved, the following details shall be submitted to and

approved in writing by the Local Planning Authority for the relevant use:

(a) Details of any associated extraction/flue/filtration/ventilations systems

to be installed, including details of any other external plant or machinery

(including ventilation units and air intake louvers), together with details of its

method of construction, appearance, finish and acoustic performance. The

measures shall be in accordance with the relevant DEFRA guidance on the

control of piling and noise from commercial kitchen exhaust systems (January

2005).

The school shall only be occupied in accordance with the approved details.

Reason: In order to ensure that the commercial uses respect the amenities

enjoyed by occupants of neighbouring properties and that they do not suffer an

unreasonable loss of amenity from the operation of the uses hereby permitted

and to comply with Policies LP24 and LP26 of the Local Plan.

ENDs

Redbridge clearly forgot to make mechanical ventilation a condition for overheating despite saying earlier the application it was definite. I expect Redbridge to concede the point that mechanical ventilation needs to be a condition for the school in due course.

So we have the risible situation where children, some of whom will suffer from air pollution related diseases will have protection from mechanical ventilation if they live below the eighth floor. When they leave their homes they will breathe in poisons likely to damage their lungs and then go a school which does not offer mechanical ventilation to protect their health.  

The children will play on a playground below the 8th floor on the school roof which be a risk to their health at any time, but especially on high pollution days. We need to raise £7500 for a team led by Richard Harwood KC to match Peter's expertise. Any donations from £5 upwards would be welcome.

Thank you very much to Keith Prince AM, Conservative Party, Bob Archer, Redbridge Trades Council, Ashburn Holder, Liberal Democrats, RoseMary Warrington, Green Party, Raj Forhad, Conservative Party. Sajida Ugradar, Redbridge Independents  

The letter to the Prime Minister is below:

Dear Prime Minister

We are concerned about new housing developments being built close to busy roads where the air is so toxic that mechanical ventilation has to be installed to make them habitable. 

For example, a Tesco development High Rise site in Redbridge faces onto a High Road and has mechanical ventilation proposed to the seventh floor. (a)

 It is baffling that the planned primary school at the planned development, which also faces the High Road, and next to proposed affordable housing, nevertheless does not have mechanical ventilation although it has a playground on the school roof below the seventh floor. (b)

 Redbridge Council is refusing to allow any prospective affordable housing parents, whose children have asthma, the right to refuse living in mechanically ventilated flats without sanction. (c)

Exercise is a trigger for a asthma attack. (d)

This means parents whose children are asthma sufferers who overlook the school playground may be watching their children and fearing for their safety on high pollution days. This is unacceptable and we ask to look into this development and at the very least recommend moving the school and affordable housing into an area at the site with lower pollution levels which do not need mechanical ventilation.

 There should not be the need for legal action to remedy this obvious oversight which risks child health. 

References below are taken from our legal bundle at https://drive.google.com/file/d/1XApPP-ffF-213VBPIR3ykCOQn_IrwpW6/view

(a) Planning condition 62 at page A431 of the bundle shows mechanical ventilation will installed to the seventh floor for flats facing the High Road.

(b) The school is shown at the picture above, it is clearly facing onto the High Road. It is taken from page A273 in the bundle. A429 shows ventilation at the school is a possible, not a definite.

(c) No such condition exists in the application

(d) https://www.asthma.org.uk/advice/triggers/pollution/ is a link on this evidence

I am plugging the photoshoot this Sunday at midday at Redbridge Town Hall in video above and distributing leaflets per the below. Be much appreciated if you can make it. There is also a Facebook event page 

stopthetescotoxictowers.blogspot.com

120 Blythswood Road Ilford IG3 8SG                  19 August 2022

07956 263088 twitter @andywalker email [email protected]

Dear Residents

Photo Shoot this Sunday Midday 21^st August at Redbridge Town Hall to oppose the Council application in the Tesco Toxic Towers Judicial Review for unlimited costs

Our lawyers have sought to cap our costs at £15,000 should we lose. Weston Homes, the Tesco contractor, is seeking £35.000 costs if they win and the Council is seeking unlimited costs if they win! This is in a clear breach of the Aarhus Convention. If the Council win their unlimited costs application our case will have to be withdrawn. This is because if this case were to go all the way to the High Court the Council Costs would be very high. Issues such as whether it is lawful for more than 52 HGV trips a day for five years, even on high pollution days, which seem bound to adversely impact on child health will not be tested in court if the Council win their costs application.

To challenge the Council and Weston applications at the High Court costs £1,500. If you were able to donate or share the link below it would be very welcome. The Stop the Tesco Toxic Towers campaign team will be outside the Town Hall this Sunday midday 21^st August to hand in a letter asking that the Council withdraw their unlimited costs application. We hope to get this issue into the Recorder so your attendance for a photo would be very welcome.

Any questions please call me on 07956 263088. Donate at:

crowdjustice.com/case/stop-the-tesco-toxic-towers

or scan QR code at 

The bundle with our legal arguments is at a post dated 18^th July at stopthetescotoxictowers.blogspot.com

The below was sent today to all Redbridge Councillors, Sam Tarry & Keith Prince

Dear Councillors, Sam Tarry and Keith Prince

Jas was right to reverse register cover up, next U-turn must be the unlimited costs order on the Stop The Tesco Toxic Towers Judicial Review

Last November I challenged Jas’s shameful decision to use the murder of MPs as an excuse not to publish the name of his employer and other information on his register of interests. Rather than await a decision from the Information Commissioner’s Office I discovered that Jas has made the very welcome decision to publish the information I sought on his register yesterday (I don’t know the exact date when the register was updated)

I write to you today to ask you to contact Jas to suggest he make another U-turn. This time on his decision to pursue me for unlimited costs in the stop the Tesco Toxic Towers judicial review.

The Council accept the Judicial Review falls under the rules of the UN Aarhus convention. The convention states that the public have the right to sue the government without the fear of crippling legal costs if they lose.

If the court accept the Council’s application for unlimited costs I will have to withdraw. It will not be just my voice that will be silenced, it will also be local vulnerable children who suffer from diseases linked to air pollution who will not be heard. Two schools, Chadwell Primary and Barley Lane Primary objected to the Tesco Toxic Towers on air quality grounds

If the Tesco Toxic Towers are built there will be 52 HGV trips a day for five years per page A377 of our core bundle (available at my stop The Tesco Toxic Towers blog post dated 18^th July 2022 titled Recorder letter: Toxic Towers campaigners want fair deal for most vulnerable). The Councillors were not told how many other HGV trips would be made each day as a consequence of the Homebase development and other High Rise “slums of the future” when the planning committee met to make their decision.

No attempt has been made to estimate the cumulative impact of so many HGVs on school children during high pollution alert days and so unsurprisingly the Council refused my request for a planning condition to stop construction HGVs before 6am on high pollution days. There are not many such days, so this seems an irresponsible refusal to me. Whether it will also be unlawful we will never know if the Council win an unlimited costs order because I will have to withdraw.

If you agree with me that the Council should not be pursing an unlimited costs order perhaps you can write to Jas about this.

Should you wish to donate to the legal fund to stop the Tesco Toxic Towers please go to my twitter pinned tweet.

Regards

Andy Walker

120 Blythswood Road IG3 8SG

07956 263088

Redbridge GMB has given the campaign a £200 donation which is very welcome. This is the first donation from an organisation. If you are a member of a faith group, union, political party or a resident association it would be appreciated if you could approach them for a donation too. Should we get a court hearing it would be great if our barrister could provide a list of local organisations in support.

We will be leafleting outside Tescos on Sunday 7th August at the top of the ramp where Barley Lame meets  Goodmayes Road between 12 and 3pm tomorrow. Any help will be be much appreciated.

 Many thanks to the resident who has contributed to £200 to the legal campaign and drawn my attention to the recent study on air pollution and dementia at https://www.gov.uk/government/publications/air-pollution-cognitive-decline-and-dementia

The report states

"COMEAP reviewed nearly 70 studies in human populations (epidemiological studies) which looked at possible links between air pollution and a decline in mental ability and dementia in older people. They also considered studies which investigated how air pollution might affect the brain.

From this review, it can be concluded that it is likely that air pollution does contribute to these effects. The most likely way this occurs is through effects on the circulation. It is known that air pollutants, particularly small particles, can affect the heart and blood vessels, including to the brain."ENDs

There can little doubt the high number of High Rise towers being planned at the same time will damage not just the health of the young but also the elderly. Sharing this update would be very welcome.

Go to https://www.crowdjustice.com/case/stop-the-tesco-toxic-towers/ to donate to stop this mad overdevelopment planned for our area.

1) What we have paid for 

These are the two bundles we have paid for at the links the most important part is the grounds towards the beginning of the core bundle.

CORE BUNDLE

SUPP BUNDLE

2) According to Tesco Goodmayes petrol station staff the closure of the station has been postponed until the outcome of our judicial review. I have written to Tescos for their comments on this.

3) We have a photoshoot to promote funding the court case for the local papers next week. It is at 11am tomorrow, Saturday 16th July outside the Tesco store. We have 4 confirmed so far on Facebook it would be great to have some more supporters. Sharing the link would be much appreciated EVENTPAGE

The new fund target is £18,000 this is £3,000 for our lawyers and £15,000 costs for the Council if we lose.

I have asked the site to amend the target date to the 15th August as by then we should know if the court will have granted permission for a full hearing following our paper application. .

If the court refuses our paper application for a full hearing we then ask for an oral hearing to renew the application. The costs of the oral hearing will be £8,000 in addition to the £18,000 we need to raise by the 15th August.

Should we win permission for a full hearing, we will need to raise further funds for full hearing which will take place in December. If the judge refuses any oral hearing in September, we can apply to the court of appeal, but my understanding that is rarely successful so that will likely be the end of the case.

I will publish our costs for a full hearing, if one if granted, in due course.

Our grounds sent to the court will be published shortly so residents know our legal arguments. 

I will asking Tesco for permission for a photo shoot this Saturday at 11am for supporters to stand with a banner plugging the legal campaign for the local press.

If Tesco decline we have to use the pavement instead. More on this soon.

Great news - delighted to say claim has been lodged at High Court today. I will be speaking to our lawyers tomorrow for future funding targets and will write more then.

Once we have targets set I will be fund raising to keep our claim live

Thank you very much to everyone who has pledged. It means a lot to me. Delighted to say we have got there. 

It is great to be part of a team that includes, Ashley, Paul, Julie & Raj on the door to door sessions and Af leading the Telegram and WhatsApp Groups. 

Every signature on the previous petitions and the new one at Kids Lives Matter Petition  help win at the court of public opinion and is also really important

I have sent an additional £4,000 to bring the total to £9,000. I have written to  Jack Robirosa & Susan Ring at Hodge informing that the money has been sent and asking for more information about further funding. We have a meeting to tonight at 8pm at the Methodist Church Hall, tonight, Monday 4th July on Percy Road IG3.

The meeting will be on zoom, but the reception is patchy and drops in and out at 

Meeting ID: 848 8989 7647

Passcode: 499084

It would be great if you could attend and put forward your ideas forward for driving the campaign further.

,Thank you to all those who have pledged, it means a lot to me. Yesterday, following a door to door session with Geetha, was an especially good day, with several pledges coming in, including a particularly generous pledge of £200.

Today, Paul and I went out door to door canvassing and pledges are coming in as a consequence. If you could share the link to this site to friends and family it would be much appreciated. 

We meet tomorrow at 8pm at the Methodist Church Hall on Percy Road IG3 8SG to discuss how we can drive the campaign forward, regardless of whether hit the £5K target or not. 

Thank you very much to those who have pledged. This is a notice of a meeting going out to residents for a meeting on Monday 4th July at 8pm. By then we will know if we are going to court, or concentrating on the court of public opinion instead. We also go door to door canvassing tomorrow, Sunday 3rd July at midday. Please phone me on 07956 263088 to let me know if you can help out.

stopthetescotoxictowers.blogspot.com

120 Blythswood Road Ilford IG3 8SG                2nd July 2022

07956 263088 twitter @andywalker email [email protected]

Dear Residents

Support the Legal Challenge to the Tesco Toxic Towers!

We have raised £2,110 from 55 pledges; we need £5,000 by Monday 4^th July at 9am. Together we can stop this madness. Please go to:

crowdjustice.com/case/stop-the-tesco-toxic-towers

 to make a pledge or scan the code below:

Public meeting 8pm Monday 4^th July at Methodist Church Hall on Percy Road IG3

The meeting is also on zoom per details below, but I regret to say the reception is patchy:

Meeting ID: 848 8989 7647

Passcode: 499084

Do come along and put forward your ideas for driving the campaign forward.

The petition calling for an enquiry into child deaths linked to air pollution is below.

Regards

Andy Walker

Thank you very much for pledging, it means a lot to me.

I have plugged our campaign on twitter at https://twitter.com/Andywalker1945/status/1542822169167728641

There is a blog post at https://stopthetescotoxictowers.blogspot.com/2022/07/why-tesco-toxic-towers-will-be-torn.html?spref=tw

The target is £5,000 with a deadline by this Monday 4th July at 9am to take the Council to court.

We go out door to door canvassing, meeting at 11am outside the Methodist Church on Saturday 4th July. It would be great if you could join us, last Saturday we had a team of three. Any questions please contact me on 07956 263088.

If you spread the word it will be much appreciated. 

Thank you  very much to those who have pledged.

Our lawyers,  Hodge Jones & Allen, need funds to instruct a barrister by 9am Monday 4^th July in order to make sure the deadline for issuing the claim is met.

We need funds of £9,000 to do this. We currently stand at £1,650 which is from 41 pledges within two weeks. This is more than £800 a week and credible support.

I am so convinced that the Tesco Toxic Towers will be bad for the people who live there and bad for our community should they be built, that if £5,000 is pledged by Monday 4^th July at 9am, I will send the balance of £4,000 direct to Hodge Jones & Allen. This will total £9,000 and allow us to commence proceedings.

There is a slight chance that the barrister who we may use might disagree with Hodge Jones & Allen and say that our grounds are too weak to proceed. I suggest you read our pre-action letter at stopthetescotoxictowers.blogspot.com on 28^th June and decide for yourself whether our grounds deserve to win.

If you are supportive please share this letter to your friends and family and hopefully we will reach £5,000 by 9am Monday 4^th July.

Regards

Andy

Thank very much for your pledge. And many thanks to Julie and Raj helping out with the door to door fundraising and collecting signatures for the Kids Lives Matter Petition yesterday.

We go out next Saturday 4th July at 11am. Do contact me if you can help help out on 07956 263088.

Thank you very much to has pledged. It means a lot to me. Newsletter for door to door this weekend

stopthetescotoxictowers.blogspot.com

120 Blythswood Road Ilford IG3 8SG                24th June 2022

07956 263088 twitter @andywalker email [email protected]

Dear Residents

Support the Legal Challenge to the Tesco Toxic Towers! 

We have raised £985 from 25 pledges. Together we can stop this madness! Please go to crowdjustice.com/case/stop-the-tesco-toxic-towers to make a pledge or scan the code below:

Local child death and hospital admissions statistics for diseases below

See a child suffering from an asthma attack below.

Should you agree with us that it is an outrage that our children will be put at risk by the Tesco and other developments join the Telegram group below:

Regards

Andy Walker

Thank you to everyone who has pledged. My video asks how will the air filters work at the Tesco Toxic Towers on hot days like today when residents are bound to want to open their windows. Delighted to say window posters are on order.

Dear Campaigners

Meeting

We have a campaign meeting this Monday at 8pm 20th June at the Methodist Church Hall on Percy Road off Barely Lane: be great if you can make it. It will also be on Zoom and Facebook, but the reception can be patchy.

More detail at Campaign Post

Delivery Tomorrow 

I will be delivering leaflets plugging the campaign tomorrow, do let me know if you can help out on 07956 263088.

Quiz to raise funds

If you know anyone who can help organise a quiz do let me know please. Any other ideas for a fundraiser will be very welcome.

Regards

Andy