On 1st May, following a Judicial Review hearing in Manchester’s High Court over the contested former Gamecock site, Judge Stephen Davies handed down his judgment in favour of Manchester City Council’s case.
Campaigners and residents who are part of Block the Block are now seeking permission from the Court of Appeal, the second highest court in the land, to set aside this judgment and ultimately quash the planning permission for the Gamecock site.
They are also intensifying efforts to promote their alternative community plan as a model for resident-led development on public land — one that prioritises local needs and gives communities real control over their neighbourhoods.
The High Court judgment
During the proceedings, representatives for the Claimant – a member of Block the Block – argued that planning officers acted unlawfully in misleading the planning committee by stating there was “no planning policy basis” to refuse the Gamecock site application. The judge’s view is that this was not the case, ruling that whilst he agreed the planning officers used strong language, the committee was experienced and should have been fully aware of their decision-making powers, and thus were not misled.
Further, the judge believed there was no obligation for the planning officers to draw up reasons for refusal based on the previous minded to refuse decision in November if they did not agree with it. He also said that the officer’s advice given on policy, including on loss of amenity, was adequately covered in the Officer’s Report which was provided to the committee members in advance of the committee meeting.
A further legal ground brought forward by the Claimant’s representatives was that the planning officers acted unlawfully in advising the committee that it could not refuse the application outright. The judge rejected this, noting the advice to go back to the ‘minded to refuse’ process applied only to new reasons for refusal. Furthermore the Judge believed the planning committee had enough experience to know its own powers – namely to refuse an application outright.
Appealing to the Court of Appeal
Campaigners welcome the judgment’s affirmation that planning committees have the authority to reject proposals outright, without being bound to a ‘minded to’ procedure. However, they remain dissatisfied with the overall ruling and argue that clearer guidance is needed on the limits of planning officers’ roles. They stress that the fundamental and democratic principle — that planning officers advise and planning members decide — must be upheld. In this case, they contend that officers clearly overstepped their remit.
Support Block the Block
It’s now more important than ever to support Block the Block to campaign FOR their community plan and AGAINST more student housing. Get involved and get in touch here. and please share the link to help the community take the legal fight to London’s Court of Appeal.
Further Information
Block the Block is a campaign by residents of Cooper House, Hopton Court & Aquarius Estate, fighting plans to turn the Gamecock into student flats. GMTU supports this campaign.
Public Interest law Centre’s Alexandra Goldenberg and Saskia O’Hara, as well as Landmark Chambers’ Alex Goodman KC and Joe Thomas are instructed in this case.
Public Interest Law Centre exists to challenge systemic injustice through legal representation, strategic litigation, research and legal education. This work falls under their Gentrification Project: Access to Justice in the class-based transformation of urban space.
Greater Manchester Law Centre has also provided assistance in this case.
Greater Manchester Law Centre was set up by a group of legal aid lawyers, trade unionists and community advice organisations. They aim to enable the people of Greater Manchester to campaign for change and provide access to free and independent legal advice and representation for people who could not otherwise afford it
