Judicial review into 51-storey skyscraper plan Heritage England’s fears over impact on city centre had been ‘overlooked’
THE future for plans to build Birmingham’s second-tallest skyscraper has been thrown into doubt after a High Court judge granted a judicial review into the project.
The decision was ‘called in’ after the views of Heritage England were said to have been overlooked.
And one councillor who objected to the plans now hopes the review will mean Birmingham’s heritage will be considered more deeply in future planning applications.
In April the council granted permission for the £160 million One Eastside building, a 51-storey project on the former university campus site in Jennens Road and James Watt Queensway.
The development is also set to include a 16-storey tower and separate pavilion building.
At the time of the initial planning hearing the committee heard concerns from Heritage 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 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 said it was ‘disappointed’ with the decision, but intends to support the council.
Councillor Lou Robson (Hall Green, Lab) was the only member of the council’s planning committee to object to the proposals in April, voicing concerns over both the provision of affordable housing and the lack of consideration of heritage issues.
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 spokesman for 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.”