The Secretary of State appealed against a certificate of appropriate alternative development issued by Birmingham City Council. Both parties agreed that a positive certificate should be issued.

The Tribunal allowed the Secretary of State’s appeal primarily in respect of the certificate scheme’s impact on the remains of Robert Stephenson’s 1837 engine roundhouse, a monument of equivalent importance to a scheduled monument. The Tribunal will issue a new certificate which reflects its findings that the reasonable planning authority would on the valuation date have issued planning permission for a mixed use development, with a 32- or 41-storey tall building on Curzon Street, and a built form which preserved the remains of the roundhouse.

James Pereira KC and Caroline Daly acted for Curzon Park Limited, instructed by Town Legal.

Brendan Brett acted for the Secretary of State, instructed by DLA Piper and led by Guy Williams KC and Andrew Byass.

A copy of the decision can be read here.