Judge gives green light for judicial review challenge of planning permission for second tallest building in Birmingham

A High Court judge has granted permission for a judicial review challenge to the grant of planning permission by Birmingham City Council for what would be the second tallest building in the city.

The planning permission is for a residential block in close proximity to the new HS2 station at Curzon Street.

According to barristers chambers Francis Taylor Building, objectors have said 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. 

The set said Mrs Justice Lieven DBE had granted permission 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 Lieven J as a significant planning case.

Gregory Jones QC and Esther Drabkin-Reiter of FTB are acting for the claimant, LaSalle Investment Management, assisted by WSP and instructed by Pinsent Masons.