The legal challenge over a controversial development is on the brink of collapse after an application to limit the cost of the action was turned down.
Keith Garner, an architect from Battersea, applied to the High Court for a judicial review into Elmbridge Council’s decision to give permission to redevelop the Jolly Boatman site next to Hampton Court station.
His initial case was thrown out by deputy high court judge George Bartlett just before Christmas as he said there was no case for a judicial review because Mr Garner had not objected to the 2008 planning application.
Mr Garner was back in court this week to make a further application for review.
The judge, Andrew Nicol, agreed to a hearing where the question of Mr Garner’s “standing” would be resolved - but denied him a protective cost order.
The order would have prevented Elmbridge Council, developers Gladedale and Network Rail from claiming their costs back if he was not successful at any stage.
David Smith, representing Mr Garner, told the court he was a man of “limited” means and the cost of a judicial review could expose him to a bill of up to £60,000.
He added: “The claimant is an individual working in the public interest.
“We say this is a matter of national importance.
“Mr Garner feels he is bringing this action not only in his own name but in that of the community. Mr Garner is an ordinary person who has been trying to raise funds, he has contributed £2,000.
“He is an ordinary bloke up against a local authority, a development company with resources to invest in a significant development and a national statutory undertaker.”
Ms Smith said Historic Royal Palaces, the charity which manages Hampton Court, had contributed £5,000 to his fund - the total for which stands at £8,630 - and was giving moral support but had not applied for judicial review itself as it feared it could impact on its charitable work.
He added Mr Garner may have to withdraw the application if the order was not granted.
Representatives of Elmbridge Council, Gladedale and Network Rail, criticised the application as it did not detail Mr Garner’s financial position and Gregory Jones, representing Network Rail, said it should be fatal to it.
The order was refused by Mr Justice Nicol as he believed the challenge was not an issue of general public importance and there was “insufficient evidence” on whether Mr Garner’ financial situation would prevent him from continuing if it was not granted.
He has given Mr Garner until March 31 to notify the court on whether he plans to continue the proceedings and ordered him to pay Elmbridge Council £3,000 in costs for yesterday’s hearing.
If the development goes ahead it will include a hotel, residential units, a new care home for the Royal Star and Garter charity, currently based on Richmond Hill, and a refurbished building at Hampton Court station.
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