SAVE goes to Court of Appeal on Liverpool Lime Street

Proposals for works to Liverpool Lime Street area within the World Heritage Site Buffer Zone are being challenged by SAVE in the Court Of Appeal, while an appeal has been set up to help fund the costs. 

SAVE writes:
SAVE applies to the Court of Appeal to save Liverpool Lime Street and the Futurist Cinema, all of which are in the World Heritage Site Buffer Zone. SAVE considers it too important a site to be demolished for student housing and a shopping mall.

Today SAVE will file an appeal with the Court of Appeal over Liverpool City Council (‘LCC’) and Neptune Developments’ proposals to demolish more than ten buildings on Liverpool Lime Street, which is located in the World Heritage Site Buffer Zone. We consider that insufficient consultation took place before the Council determined the future of Liverpool’s gateway street from which the famous railway station takes its name.

SAVE is applying for Permission to Appeal on three grounds, that can be broken down into several points. These include:

  • There is no evidence that LCC’s officers considered whether the development may affect the Outstanding Universal Value (‘OUV’) of the World Heritage Site (‘WHS’) nor whether they needed to notify the Department for Culture Media and Sport (‘DCMS’) of the proposals.
  • LCC did not consult with DCMS before the decision was taken, but informed them only afterwards, even though the guidance makes clear that it would be very helpful for DCMS to be consulted at an early stage for the purpose of enabling the World Heritage Committee (‘WHC’) to be consulted.
  • The concerns of the WHC about development in Liverpool are known, their views on this application are not. It cannot be assumed that the WHC would not be concerned about the Lime Street scheme.

SAVE also considers that the issue of how LCC consults with the UK’s World Heritage Committee and DCMS is crucial in order to protect Liverpool’s World Heritage Site in the future. This also has wider importance for other World Heritage Sites in England and Wales. The current system of consultation is not clear and is not achieving the necessary level of protection.

SAVE challenged LCC’s decision to grant planning permission in the High Court on the grounds that they had failed to notify DCMS (who would then decide whether to notify the WHC) about the application, before permission was granted, even though the development may have impacted upon the OUV of the WHS.

In turn, DCMS did inform the WHC about the plans but only after they had been approved. This meant proper consultation could not take place.

Mrs Justice Patterson who presided over the hearing in Manchester’s High Court in December dismissed SAVE’s challenge. SAVE does not agree with her decision and considers that there are strong grounds for an Appeal.

SAVE is fundraising to help cover its legal costs and is heartened by the response to our fundraising appeal over the last three weeks, to which over 60 people have contributed over £3,000, including contributions from the Merseyside Civic Society, the Cinema and Theatres Association, Professor John Belchem, the Pro Vice-Chancellor of Liverpool University, Paula Ridley CBE, former chairman of Civic Voice and former chair of the V&A Museum, and British screenwriter Frank Cottrell-Boyce, writer of the 2012 Olympics opening ceremony.

We will continue to fundraise: the Fundraising Appeal has allowed support for the retention and repair of Lime Street to be galvanised.

SAVE Director Clem Cecil says: ‘We are heartened by the response to our Fundraising Appeal. It is important to remember that despite Lime Street’s present dilapidated appearance, repairing the street could lead to a significant uplift, improving the economy of the area and creating a place where people want to spend time.

‘Liverpool’s WHS is at risk due to inappropriate development, of which this is a continuation. This is something that DCMS and Secretary of State John Whittingdale should be taking seriously.’

SAVE is being represented by Susan Ring and Harry Campbell of Richard Buxton Environmental and Public Law and QC Richard Harwood of 39 Essex Chambers.

View the press release and more information on the campaign

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