Save Britain's Heritage, R (On the Application Of) v Liverpool City Council & Anor (Rev 1)

Save Britain's Heritage, R (On the Application Of) v Liverpool City Council & Anor (Rev 1)

Liverpool City Council lawfully complied with statutory and guidance-based consultation requirements by consulting Historic England, which did not object or refer the matter to DCMS. The guidance in paragraph 18a-036 is advisory and does not impose a mandatory requirement to notify DCMS directly. There was no adverse impact on Outstanding Universal Value, and even if DCMS had been notified, the outcome would not have changed.

Parties
Appellant: Save Britain’s Heritage; First Respondent: Liverpool City Council; Second Respondent: Regeneration Liverpool and Neptune In Partnership Ltd.
Jurisdiction
England and Wales
Judgment Date
02 August 2016
Procedural Posture
Judicial Review (planning) / Appeal From Dismissal of Judicial Review
Outcome
appeal dismissed
Legal Topics
Consultation Requirements, World Heritage Sites, Planning Permission, Statutory Interpretation, Government Guidance
Administrative Law Planning Law Heritage Law Consultation Requirements World Heritage Sites Planning Permission Statutory Interpretation Government Guidance

Case Brief

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Parties

Save Britain’s Heritage

Appellant

Liverpool City Council

First Respondent

Regeneration Liverpool and Neptune In Partnership Ltd.

Second Respondent

Procedural Posture

Judicial Review (planning) / Appeal From Dismissal of Judicial Review

Legal Issues

  1. 1 Whether Liverpool City Council was required to notify the Department for Culture, Media and Sport (DCMS) of a planning proposal in the buffer zone of a World Heritage Site under government guidance and the World Heritage Committee’s Operational Guidelines.
  2. 2 Whether the council lawfully complied with the relevant statutory and guidance-based consultation requirements.
  3. 3 Whether failure to consult DCMS would have affected the outcome.

Ratio Decidendi

Liverpool City Council lawfully complied with statutory and guidance-based consultation requirements by consulting Historic England, which did not object or refer the matter to DCMS. The guidance in paragraph 18a-036 is advisory and does not impose a mandatory requirement to notify DCMS directly. There was no adverse impact on Outstanding Universal Value, and even if DCMS had been notified, the outcome would not have changed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; order of Patterson J. upheld; no quashing of planning permission.