City council agrees to quashing of outline planning permission for 3,500-home regeneration scheme

The move follows a legal challenge brought by a local resident, Alison Parr, advised by the Central England Law Centre.

Planning permission was granted in November 2025 following the casting vote of the chair – the committee having voted 6-6.

Parr’s claim was brought on a number of grounds.

The city council subsequently accepted that it had breached the third of these grounds, namely that by failing to make available for inspection the full Financial Viability Assessment (FVA), it had breached section 100D and section 100F of the Local Government Act 1972, as well as the requirements of procedural fairness and national policy.

According to Landmark Chambers, the Birmingham Development Plan required residential developments of more than 15 dwellings to deliver 35% of the proposed units on site as affordable housing.

However, “the application for planning permission sought to secure only 11.4% on the basis that this was all that was financially viable, the council relying on the FVA”.

Under section 100D, members of the public are entitled to inspect any “background papers” prepared for the officer report to committee (which they are also entitled to inspect under section 100B).

The city council accepted that the full FVA constituted a “background paper” within the meaning in section 100D(5). 

The parties agreed that the other grounds of review did not require determination.

Earlier this month (2 February) Her Honour Judge Emma Kelly confirmed a consent order quashing the permission.

Central England Law Centre said: “While the council may choose to bring forward a revised planning application, the quashing of the permission means that: 

• A fresh and lawful decision-making process must now take place 
• Residents and community groups should play a meaningful role in shaping any proposals 
• Key documents, including the Financial Viability Assessment, must be properly disclosed and considered.”

A spokesperson for Birmingham City Council said: "We can confirm our application to quash the outline planning application has been agreed, following a legal challenge from a small number of residents.

"Now the basis of that challenge will be addressed by making the Financial Viability Assessment for the scheme public."

They added: "We know the community is keen to see regeneration plans move forward, and we regret the delays that this challenge causes, particularly the demolition of cleared tower blocks, which cannot be achieved without planning consent.

"For over two years, the council has worked with the community to create a plan for the regeneration of Druids Heath, holding discussions with more than 1,000 residents, of which 68% support the scheme. The council’s commitment to delivery remains.

"The council will progress the scheme through the planning process as soon as feasibly possible dependent on the court’s decision, honouring its commitments to residents."

Matthew Fraser and Charles Bishop of Landmark Chambers acted for the successful claimant, instructed by Tessa Burwood and Kasper Meidell at the Central England Law Centre.

Alex Shattock, also of Landmark Chambers, acted for the Druids Heath and Monyhull Forum, which had brought a separate judicial review claim that was withdrawn following the quashing of the permission. Shattock was instructed by Julia Eriksen, Rowan Smith and Madeeha Akhtar at Leigh Day.