John Hunter and Piers Riley-Smith have succeeded in the High Court in a claim to quash Manchester City Council’s decision to grant planning permission for a 24-hour 440 space car park at the site of the former ‘Central Retail Park’ adjoining Great Ancoats Street which was demolished in 2018/2019. The site lies adjacent to the New Islington Free School and is within an Air Quality Management Area.
The Council granted permission to itself to develop the car park on the basis that the air quality and traffic impacts were “neutral” because they would be comparable to the effects of the previous retail park, which the Officer Report (and the Traffic and Air Quality Reports on which it relied) wrongly stated the site still had “extant” permission for.
The Court agreed with the Claimant that the Council had erred in proceeding on the footing that the previous use of the Site could be treated as the “baseline” for assessing the impacts of the proposed development. The judge agreed that such an approach failed to comply with relevant IAQM Guidance (which Manchester City Council, along with all other Greater Manchester authorities, had agreed to adopt as the basis for assessing the air quality implications of planning applications) and was incapable of providing any relevant assessment of the air quality impact of the proposed development. On the contrary, the “true” baseline was the Site as it was at the time of the decision and would be if permission had been refused, i.e. vacant.
In addition, the judge held that the Council had failed to discharge their obligations under the Public Sector Equality Duty in relation to pupils attending the neighbouring school. In particular, it had not obtained adequate information to assess the impact that the development would have on children (especially those with respiratory conditions) attending the School, despite that being a key element of public opposition to the project.
John and Piers were instructed on behalf of the Claimant, Gemma Cameron, a member of local community action group, Trees Not Cars. Their instructing solicitor was Jonathan Warner Reed of Nexus Law.
A copy of the judgment may be found here
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
Are you an established employment barrister looking to make your next move? Get in touch to join our expanding Empl… https://t.co/peXxZ6WKE2 Kings Chambers 1 week ago..
We are delighted to announce that we have raised a whopping £10,050 for our chosen charities during our annual Chri… https://t.co/rnAndwvEqI Kings Chambers 3 weeks, 6 days ago..
Kings Chambers is delighted to announce that, on the recommendation of The Lord Chancellor, Her Majesty The Queen,… https://t.co/xThCrs81qr Kings Chambers 4 weeks ago..
“A catastrophic collision of failures” - Neglect in an Article 2 Inquest into the death of Nichola Lomax at Fairfie… https://t.co/jhG1gAsu8o Kings Chambers 1 month ago..
It's not too late to register for our Property Pick & Mix event!
With eight sessions taking place throughout the d… https://t.co/MBfflpUrmO Kings Chambers 1 month, 1 week ago..
© Copyright 2022 Kings Chambers. All rights reserved.
Please click here to view our current guidelines