City council to pay £80k in costs after “unreasonable” refusal of consent to demolition works

His Honour Judge David Hodge KC, sitting as a High Court judge, also ordered the city council to pay £80,000 in costs to the developer behind the claim.

The city council had granted planning permission to developer Great Jackson Street Estates in July 2021 for the construction of two 56-storey towers designed to hold 1,037 residential units.

Two disused warehouses that currently stand on the plot must be demolished in order for construction to go ahead. But the city council, which is the freeholder of the site, twice refused to give its consent to removal of the buildings.

The developer launched a legal challenge against the council, which was heard over the course of two days in the High Court.

HHJ David Hodge KC delivered an extemporary judgement on 29 January, before declaring the council's refusal as "unreasonable".

He also declared that the claimant is entitled to carry out the demolition works, notwithstanding the council’s first and second refusal.

A spokesperson for Weis Group, which has controlling stake in Great Jackson Street Estates, said: "The Court found that all ten grounds put forward by the council were unreasonable.

"The council's 'kitchen sink' approach in refusing consent would have prevented the implementation of the planning permission, which the council itself granted."

The spokesperson added: "While we are disappointed that senior officers at Manchester Council took the stance they did, wasting significant time and money, we are pleased we can now move forward implementing the planning consent and look forward to more constructive relations with the council in future.”

The litigation is one of two claims brought against the council over the development.

The Supreme Court refused to hear an appeal brought by Great Jackson Street Estates over a series of covenants contained in a lease agreement in November last year, which the developer said were also preventing the 1000-home development from going ahead.

Adam Carey