The Long Road to Court

PILC have been instructed by Block the Block Campaigners who want to stop profit hungry developers destroying their community.

Photo from block the block campaign

Thanks to Roger from Block the Block Campaign in Manchester for submitting this guest post to provide a brief update on the legal challenge to the planning department of Manchester City Council (MCC). It concerns the decision of Manchester City Council approving plans of private developers Curlew Capital to build a 9-storey purpose-built student accommodation (PBSA) on the site of the disused Gamecock pub in the heart the community that PILC is challenging in Court on 24/25th March.

Residents in Hulme have been fighting to stop profit-hungry developers from encroaching on their community for many years. They already have a plan for the site that includes a social centre and social housing to serve the existing community. If the approved development goes through, their plan will be redundant.

Block the Block was set up in 2020 to challenge the imposition of a PBSA in our residential neighbourhood. After an initial planning committee “minded to refuse” non-decision in 2012 - an exercise in kicking the can down the road - the developer was then allowed to come back with numerous “modified” proposals over the next 12 years. During this period, our determined campaigners engaged in an array of inspiring and creative protests, demonstrations, public consultations and submissions to the planning committee itself, in the hope that the application would eventually be thrown out in its entirety. Sadly, this was not to be…

On the scheme’s fourth manifestation, and after a further “minded to refuse” in November 2023, the planning committee decided in early 2024 to approve the building of a 9-storey block on the postage stamp-sized site. Much has been written (and spoken, recited, filmed, sung, performed and danced!) about this in the past, so I’ll concern myself only with where we are now with our campaign, what I/we have learned along the way and what questions still remain unanswered:

• Public accountability: Who really makes the decisions? How much pressure is exerted on the Planning Committee, and by whom? What is the role of lobbying in the decision-making process? Who is accountable to whom?

• Do our public servants truly represent the needs of the majority of Manchester residents, or do other pressures, particularly those of global financial markets and/or the diktats of central government, compromise their actions in any way?

• There is clearly a revolving door for those in public office to move effortlessly into the corporate sphere. Is this in any way moral or just? Should there be a ‘cooling off period’ before those in positions of power are allowed to benefit, financially or otherwise, from their insider knowledge and influence? Specific and pertinent examples available on request.

• How are the 2% growth models in student recruitment by local universities sustainable, and what impact will they have on local communities in terms of public housing need and costs; public space; gentrification and the displacement of existing communities?

• What financial impact will there be on students in terms of housing costs and educational fees?*

• Why is there zero affordable housing available within the burgeoning “Manc-hattan” developments? Who makes the decisions - ‘popular’ mayor Andy Burnham (with the votes of just 20% of the registered electorate as his mandate) and the Greater Manchester Combined Authority (GMCA) he heads? Or are there other forces, hidden from public scrutiny, at work?

• How will the stated target of “60,000 new dwellings in Manchester before 2027” be met? How will the shortage of affordable, high-quality small units be tackled, particularly for those with additional support needs - the homeless, elderly and those with poor mental health, illness, addictions or for those escaping from domestic violence?

• What is the role of MIPIM, the annual junket in Cannes, bringing together global construction firms and local government officials, including delegations from MCC and GMCA?

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

Please be there if you can and support or share the fundraiser.

And our other London friends, Unit 38 architects, have helped us develop a truly inspiring alternative plan for the site https://www.unit38.org. With luck, we’ll be able to see our vision realised within our lifetimes. Look for our Community Plan on: https://www.thegamecock.org.

In the long run, we are seeking a positive outcome for our existing and future communities. It’s been a long slog for our most dogged campaigners, but perhaps our successes along the way will inspire others in similar actions across the land! 

With love and eternal hope

Roger, on behalf of Block the Block!

*Some of our ‘delegates’ recently visited a very similar PBSA on the site of an old pub in Hulme. The cost of a small ‘studio’ flat (double bed, two-ring cooker, microwave, desk, tiny shower and toilet) is £350 per week, £17,850 over the 51-week year. This, added to university course fees of £9,000 per year, equates to an eye-watering £26,850 per year of student debt. Is it any wonder that students are opting for local shared private accommodation, thereby putting further pressure on a limited housing supply?