High Hopes after High Court

PILC were in Manchester High Court this week representing ‘Block the Block’ campaigners in challenging the Council for selling off their community to profit hungry property developers.

PILC were representing local campaigners opposed to the approval of a controversial new student accommodation in Hulme and were in court on Monday and Tuesday this week after taking legal action against the planning department. The Block the Block campaign has been active in opposing the demolition and redevelopment of local landmark “The Gamecock pub” since it was initially proposed by the developer Curlew in 2020.

This comes after the planning committee approved plans by the developer last year at its 5^th attempt. The campaigners, who raised £8000 to cover their legal costs, say that the planning department misled the committee to get the plans passed.

https://youtube.com/shorts/tmZyEN6JHPU?feature=share

The hearing in Manchester’s High Court has now concluded and we await the judgement from his Honour Judge Davies. As Alex Goodman KC (acting on behalf of a representative of Block the Block) made clear in his concluding statements, this is what Judicial Review was made for, to step in and correct public authority decisions when things have gone seriously wrong. Acting for Manchester City Council, Christopher Katkowski CBE KC, said on multiple occasions that the Planning Officer Dave Roscoe and Director of Planning, Julie Roscoe, were “speaking truth to power” in advising the democratically elected planning committee in no uncertain terms that there was no policy upon which they could refuse the application for yet more Purpose Built Student Accommodation. The committee had been minded to refuse this on 4 previous occasions. Campaigners found this turn of phrase particularly difficult to stomach given their years long struggle for justice and accountability in Manchester’s planning system.

To mark the end of proceedings, and their frustrations with developers encroaching on their communities, a large banner was flown from a Hulme bridge over Princess Road. It stated in large bright red letters: “Mancs Against Manchattan” and “Residents V Developers”. We received the warmest welcome and are so proud to be part of their important struggle to win back our communities.

A fantastic play about the campaign by Nathaniel McBride which featured some of the legal process rounded off an incredible 2 days of a flurry of campaign and legal action. A banner even appeared that evening!

A  spokesperson for the campaign, said: “This week our counsel put forward the case that the city planners had misled the planning committee. Our fight against this injustice, and for social housing and age appropriate care for the tenants of Hulme continues.”

Read more from the campaign from activist Roger's guest blog here and some news coverage here.

Thanks to the brilliant campaigners from Block the Block, Alex Goodman KC and Joseph Thomas from Landmark Chambers, and support from Greater Manchester Law Centre.

_____

The Legal Challenge

We have been granted permission for Judicial Review in the High Court against the Council as they did not follow their own policy and procedures when it came to taking the decision to grant planning permission for student housing on the Gamecock site. 

We say the planning committee was seriously misled by council planning officers on two counts:

1. In advising the Committee that there was “no planning policy basis” for refusing the Application – we say the committee could have refused the Application on local Policy H12 which requires purpose built student blocks (‘PBSA’)  to “closely integrate with existing neighbourhoods to contribute in a positive way to their vibrancy without increasing pressure on existing neighbourhood services to the detriment of existing residents” 

1. In advising that the Committee members could not propose to refuse the Application outright rather than propose to be minded to refuse the Application.    We argue, that in law, planning committees plainly have the power to refuse applications outright,  For officers to advise differently, we say is unlawful.

What does this legal challenge aim to achieve?

1. Quash the decision to grant planning permission to the developer (Curlew) to build student accommodation on this site
2. Draw attention to concerning practices in the planning committee which have such big implications for people not just in Hulme, but around Manchester and the rest of England

For requests, contact:

Maev McDaid, Public Interest Law Centre
Phone: +44 (0) 7886 270061
Email: maev.mcdaid@pilc.org.uk