The High Court has granted permission to proceed with a judicial review challenge to the grant of planning permission by Birmingham City Council in the face of criticisms by Historic England for what would be the second tallest building in the city of Birmingham, a residential block in the city centre and in close proximity to the new HS2 station at Curzon Street. Objectors say the development will have a far-reaching impact on the city centre, particularly on a large number of heritage assets of the highest significance, including Grade I and Grade II* listed assets.
Permission has been granted by Mrs Justice Lieven DBE on five grounds relating to the inadequate treatment of heritage issues by the City Council, in particular the 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.
Gregory Jones QC and Esther Drabkin-Reiter act for the Claimant, LaSalle Investment Management, assisted by WSP and instructed by Pinsent Masons.