Jurisdiction(s):
United Kingdom

Private rights don’t defeat deliverability; EIA 30-day moratorium allows pre-deadline officer reports if new material is considered—Macintosh Village v Manchester CC (Admin Ct, England and Wales)

Published on: 23 June 2022

Published by a LexisNexis Planning expert

Legal News

Article summary

What are the practical implications of this case?

This was a renewed bid for permission to pursue a judicial review of Manchester City Council’s decision to grant planning permission for replacing a car park with a 55‑storey tower including student accommodation. As with all rulings at the permission stage, the judgment does not create a precedent: the court was simply deciding whether any ground met the arguability threshold for the claim to proceed to a substantive hearing. Even so, it raises notable points on deliverability and consultation.

Deliverability: the court held that the presence of private rights that may need to be bought out—such as rights of light, a right of way over the development land or, as here, a right to park in the car park—does not render a scheme undeliverable. These are questions of commercial practicality and do not undermine deliverability.
Consultation: the judgment also identifies consultation as an issue of interest at the permission stage, without determining matters beyond arguability.

It may therefore be that the party intending to develop the land will need...

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