The construction of Birmingham’s second-tallest skyscraper has been cast into doubt after a High Court judge granted permission for a judicial review into the project, reports Birmingham Live, as the High Court said that not enough weight had been given to the concerns raised over heritage considerations.
Birmingham Live writes:
The construction of Birmingham’s second-tallest skyscraper has been cast into doubt after a High Court judge granted permission for a judicial review into the project.
And the one councillor who objected to the plans back in April says she hopes the decision means Birmingham’s heritage will be considered more strongly during future planning applications, after the decision was called in for an apparent lack of consideration of the views of Historic England.
Back in April the council granted permission for the £160 million One Eastside building, a 51-storey project due to be built on the former college and university campus site at Jennens Road and James Watt Queensway.
The development is also set to include a 15/16 storey tower and separate pavilion building.
At the time of the initial planning hearing the committee heard concerns from Historic England about the impact of the skyscraper on nearby historic city centre buildings, though no official objection was raised by the organisation to the 667-apartment scheme.
However it now appears the committee may not have given sufficient weight to Historic England’s comments, with High Court judge Mrs Justice Lieven DBE granting the judicial review on five grounds relating to the inadequate treatment of heritage issues by the city council.
These include the apparent failure properly to consult Historic England, the failure correctly to understand and apply Historic England’s advice, the failure to apply the correct legal and policy tests on heritage issues and the failure to give adequate reasons.
The claim has been designated by the judge as a significant planning case, with the claimant in the case being LaSalle Investment Management, who own the Allegro building at Exchange Square.
Developers Court Collaborations say they are ‘disappointed’ with the decision, but intend to support the council.
Councillor Lou Robson was the only member of the council’s planning committee to object to the proposals back in April, voicing concerns over both the provision of affordable housing and the lack of consideration of heritage issues.
And, speaking after the judicial review was announced, Cllr Robson said she hoped that the review would consider the council’s approach to protecting its ‘historic’ buildings.
“I’m glad that Ms Justice Levein of the High Court has granted the judicial review,” she said.
“She’s rightly designated this as a significant planning case, and she listed five areas where the council failed, particularly on heritage grounds, in her decision.
I was the only councillor to vote against giving planning permission in the first place, on heritage and other grounds.”
“I hope that the judicial review looks into the council’s approach to protecting its historic buildings of all ages.
“There’s currently no independent body to look at heritage, no training for planning members on conservation and design, and there’s supposed to be a review of tall buildings and planning policy, but nothing has come to committee yet.
“It takes deep pockets to undertake a judicial review, and too many schemes have been passed previously in Birmingham on the grounds that economic growth trumps all, bypassing policies on heritage, local identity, housing mix and affordable housing.
“I hope this sends a message to everyone involved in planning, architecture and development in Birmingham that high-quality buildings need to respect heritage and local identity.”
A spokesperson at Court Collaboration said: “We are disappointed that LaSalle Investment Management is seeking to litigate Birmingham City Council’s conduct and will support the council in defence of the planning permission.
“One Eastside is an exciting scheme which reflects Birmingham’s ambition for growth and we remain confident of its positive impact for the city.”
