Opponents of the new Chinese super embassy in London have vowed to fight on after a High Court challenge against a decision to grant planning permission was dismissed.
Lawyers have been instructed to apply for permission to appeal against Friday’s judgment.
Local residents, who live near the proposed site – a stone’s throw from the Tower of London, said the decision “doesn’t change the fact that a fortress doesn’t belong in our community”.
The Royal Mint Court Residents’ Association (RMCRA) argued the presence of the embassy could lead to terrorist attacks or the repression of protests, while being used to enforce “draconian” Chinese laws in the UK and to target dissidents.
It brought legal action against the Ministry of Housing, Communities and Local Government (MHCLG) and the London Borough of Tower Hamlets.
The association, which represents families and businesses in about 100 properties, was also concerned about the Chinese government creating a fire risk by ignoring safety obligations, which it said would not be enforceable because of diplomatic immunity.
The Government and the council defended the claim, saying they “conscientiously and carefully had regard” to the residents’ concerns.
Following a hearing at the High Court earlier this month, two judges dismissed RMCRA’s challenge.
Critics of the Chinese Communist Party (CCP) said the legal fight would continue against the planned national embassy to avoid the UK’s capital becoming a “power centre” for Beijing.
Luke de Pulford, executive director of the Inter-Parliamentary Alliance on China, said: “Beijing thinks this judgment is the final word. It isn’t.
“The appeal is already in the works.
“If they expect us to roll over and allow our own capital to become a CCP power centre, they have completely misjudged the strength of opposition to this mega-embassy.”
The RMCRA’s claim that the planning decision had been made unlawfully, that there was a failure to disclose a blast assessment and security statement, that the Government had not followed planning regulations and that it had not identified and assessed human rights was rejected by the judges.
Mrs Justice Lieven, sitting with Lord Justice Dingemans, said in a judgment on Friday there was “no doubt” the Government took into account that it was the Chinese government applying for planning permission.
She also said that the RMCRA was not disadvantaged by not receiving a copy of a “blast assessment” at the time of the planning decision, which detailed the effect of a possible terrorist explosion.
The judge said: “There was no unfairness to the claimant by reason of these documents not having been disclosed.”
She went on to say that “there is no obviously material additional fire risk”.
Following the judgment, the opponents said they believe the likelihood of success in the higher courts will be greater.
Leigh Day partner Ricardo Gama, representing local residents, said: “The hope is that having a panel of Court of Appeal judges will mean that we have a braver panel that is willing to make what will be a controversial decision.”
Dave Lake of the RMCRA said: “They might have the billions, but we are in for the long haul and will be seeking to win permission for an appeal.
“We live here. This is our home and a rubber-stamp decision doesn’t change the fact that a fortress doesn’t belong in our community.
“If they think this is the end of the road, they’re going to discover that they are wrong. We fight on.”
Shadow foreign secretary Dame Priti Patel warned “Britain’s national security is set to be compromised by a new Chinese super embassy spy hub”.
She added: “The court’s decision is a clear test for Andy Burnham.
“Will he put our country’s interests first, stand up to Beijing, protect our national security and do the right thing by ditching this dreadful plan – a legacy of the failed (Sir Keir) Starmer years?”
Conservative former leader Sir Iain Duncan Smith said he intends to speak to the new Prime Minister about the UK’s policy on China.
He told reporters at a press conference in Westminster: “I think it’s important for Britain to recognise that actually doing business with China is very difficult, very dangerous, and comes with all sorts of problems.
“I will be speaking to him and this newly reshuffled Cabinet in the hope that they will understand that the price we pay when we kowtow to China is in human lives.
“Millions are dying, and the transnational repression today in Britain will only increase if this embassy is agreed to.”
Mark Nygate, treasurer of the RMCRA, told reporters this is “a battle that is too important to give up”, adding: “It isn’t just the David Goliath battle. It’s David versus two Goliaths.”
An MHCLG spokesperson said: “We acknowledge the judgment. The challenge against the Secretary of State’s decision to approve planning permission and listed building consent for a new Chinese embassy was unsuccessful.
“As the case may still be subject to litigation, it would not be appropriate to comment further.”
