Liverpool Open and Green Spaces Community Interest Company : LOGS

Home

Former Depot

Picture Sale

Images

LOGS Objects

LOGS Friends

email

 

 

Saved parkland renewed

Calderstones Park former Botanic Gardens and Council Depot site, saved from a housing development, is being transformed by the Friends of Harthill & Calderstones Park with the help of a Postcode Lottery grant.

 

LOGS v. LCC - first response to Court of Appeal Judgment


1. Liverpool Open and Green Spaces Community Interest Company notes that the Court of Appeal has upheld Mr Justice Kerr's judgment of 18th January 2019 quashing planning permission for the Redrow housing scheme at Calderstones Park.


2
. Liverpool City Council’s pursuit of that appeal was at great expense to Liverpool City Council and to the detriment of Council Tax payers in economically and environmentally challenging times.


3. Liverpool City Council original 1988 Green Wedge Policy stated:

The City Council is determined to protect and conserve the natural character of Greenwedges and to maintain their integrity as predominantly open land against the encroachment of new development. As housing development has proceeded sites with obvious environmental quality – including some in Greenwedges – have come under increasing development pressure. Such development if allowed would not only damage irrevocably the fine balance that exists within the present landscape but would destroy in addition those very assets which make the Greenwedge such an attractive environment in the first place and which contribute greatly to the quality of environment for the city as a whole. One successful application on a ‘protected’ site, moreover, would set a precedent for others which would become difficult to resist, and, once breached, the area would quickly lose much of its character and scale.


4
. On 18th January 2019, Mayor Joe Anderson said:

I want the campaigners and all the local residents to know I have been listening to their concerns…

“Our green agenda is of huge importance and we’ll be announcing some exciting plans shortly.”

“… that the housing scheme he had backed in the area 'is dead'… and said he would now work to enshrine the area as part of the south Liverpool park to avoid any future development plans
.”


5
. It is now over 18 months after Mayor Anderson said he would be “announcing some exciting plans shortly” and made a ‘pledge’ regarding enshrining Calderstones. LOGS and Liverpool still await delivery.


6
. Ongoing pressure from private sector property developers to build highly profitable housing schemes on green field sites should be rebuffed.


LOGS v. LCC Court of Appeal Judgment 2020 (pdf)
Quote: Mayoral Statement
Quote: Liverpool Echo video interview with Mayor

Liverpool Echo - 26 July 2020 'Liverpool Council and the conservation report it forgot'

 

Liverpool Open and Green Spaces CIC v. Liverpool City Council
Court of Appeal on 19 May 2020

Appeal (C1/2019/0388) by Liverpool City Council to be heard by the Court of Appeal on 19 May 2020 against the Judgment of Mr Justice Kerr (2019 Judgment).

It started off in 2017 as a local community campaign that successfully saved a park in Liverpool from a housing scheme.

The appeal by Liverpool City Council follows the High Court ruling in January 2019 that quashed plans by Redrow Homes Ltd and Liverpool City Council to build a housing scheme on Calderstones Park, which lies within the Calderstones to Woolton Green Wedge. The High Court ruling emphasised protections to support the open character of Green Wedges and to prevent inappropriate building.

LOGS will defend protections for Green Wedges to benefit the natural and urban environment and for public health and well-being.



1. Redrow Homes Limited has discontinued its appeals (C1/2019/0397 and C1/2019/0490).

2. Liverpool City Council has said that Calderstones Park will not be built on and will not be sold to Redrow Homes Limited.

3. However, Liverpool City Council is still seeking to appeal the decision of Mr Justice Kerr saying that its primary interest in doing so relates to the interpretation of UDP Green Wedge policy OE3.

4. Why Liverpool City Council wish to have a ruling that provides them with the ability to interpret its planning policy in a way that will reduce protection for the open character of Green Wedges is not known. The identity of the decision maker(s) for Liverpool City Council has not been made clear. Furthermore, it is not known what further planning applications Liverpool City Council are anticipating receiving which the Council appear to wish to be able to interpret in a way that reduces the protection of the Green Wedge.

What is known is that Redrow Homes North West has a planning application 20RM/0284 (Land at Woolton Road near Allerton Priory) which was registered by Liverpool City council on 29.01.2020 in respect of which Liverpool City Council contend that it “is a matter of real importance” for the Liverpool City Council to have an interpretation of the policy different to that determined by Mr Justice Kerr. LOGS would like to know why Liverpool City Council wishes to be able to interpret a planning policy that will allow building on the Green Wedge to be easier for developers.

5. The Court of Appeal hearing will be heard by remote means and it is hoped that all interested will be able to follow the proceedings from their own homes. Details as to how to do so will be circulated once they are available.

Notes:

Green Wedge: ‘Green wedges comprise the open areas around and between parts of settlements, which maintain the distinction between the countryside and built up areas, prevent the coalescence (merging) of adjacent places and can also provide recreational opportunities.’
Source: https://www.planningportal.co.uk/directory_record/269/green_wedges

In an email sent to councillors on 22 February 2019, Liverpool Council chief executive Tony Reeves announced that the city council had lodged an appeal over the Harthill scheme, because of the wider ramifications it has for planning policy nationally. see Liverpool Echo feature - 22 Feb 19.

SAVED CALDERSTONES PARK - Celebrating Victory

Judge overturns consent for Redrow scheme. During the Judicial Review on the 5th & 6th November 2018 Liverpool City Council's barrister agreed that the Harthill site is part of Calderstones Park.

Outside the Old Bailey Court after judgment was made public on Friday 18th January 2019.
Left to right: Eric Smith (LOGS director), John Davies (LOGS director), Caroline Williams (Save Calderstones Park campaign), Robin Makin (Solicitor) and Sean Best-Barton (LOGS director).

 

Liverpool Open and Green Spaces Community Interest Company (LOGS) are delighted to have been successful in the judicial review cases. LOGS agree with and welcome Mayor Anderson's prompt response:

"The first thing to say about today's Judicial Review statement is that the Harthill scheme is dead. It will not be resurrected. In any form." (see mayoral statement in full)

The final Judgment approved by the court (27 page pdf report) LOGS v. LCC can be downloaded here.

How the press and media covered this historic Court decision:

Daily Mail - full page feature online and newspaper

BBC Local News


Place Northwest

Planning Resource

Liverpool Echo - 18 January 2019

Liverpool Echo - 23 January 2019

Liverpool Echo - 22 February 2019

Save Calderstones Campaign

LOGS would like to thank the many hundreds of people who have given so generously to help fund the legal costs and barristers fees in order to mount a robust legal challenge to help save Calderstones Park.

We also thank all those who have freely given their expertise and time for the campaign; LOGS have worked closely with the Save Calderstones Campaign support group whose tireless efforts in both fund raising and awareness raising have been so crucial.



 

LOGS have challenged the legality of plans, approved by the Council, to build a luxury housing estate on 13 acres of protected green wedge - including Calderstones Park and Beechley green space. The openness of our green space and the integrity of Calderstones Park will be damaged irrevocably if any of these building plans are allowed to proceed. The 'orchard' paddocks and former Botanical Gardens (& later green recycling depot) at Harthill are part of Calderstones Park and along with the Beechley horse paddocks these represent an important part of our undeveloped Green Wedge.

Buy an art picture of a tree at Calderstones

Help fund LOGS ongoing challenges and invest in the future by purchasing a museum quality print. These are 'portraits' of trees planned for removal if housing plans were allowed to proceed. Click here to see pictures and details.

Calderstones Park is arguably the best public garden in England. It is known for it’s collections of scarce trees and shrubs. If this building scheme had gone ahead many tree species would have been lost - 105 trees felled with many mature trees removed or harmed in the building process. Images of some of the trees to be removed or damaged can be found here.


Previous Legal Actions

During 2017 the directors of LOGS kick-started the challenge by funding the expenses of LOGS and we are delighted that the High Court has granted us a Judicial Review to challenge the decision to site a miniature railway, the size of a football pitch, on Calderstones Park and the Calderstones/Woolton Green Wedge. Moving the miniature railway from it's existing site is required to allow the first phase of the building development.
See: See a summary of the Miniature Railway Judicial Review application and a map plan of Calderstones Park in context with the northern part of the Calderstones/Woolton Green Wedge.



Photographs of the Harthill application site from February 2018

Thank you for your support

Liverpool Open and Green Spaces would like to thank everyone who has already donated to the fighting fund and for those who applied to become a Friend of LOGS.


Capacity turn-out for the Public Meeting on 29th January 2018. Thank you everyone who filled All Hallows Church Hall to hear what can be done to stop the housing estate on Calderstones Park - we received a very positive response. There is no doubt that Calderstones Parkland, green space and the Calderstones/Woolton Green Wedge will be damaged irrevocably if these development plans are allowed to proceed.

Details of the planning application for Calderstones: application no.16F/2049 can be found in 'Related Documents' from LCC's Planning Explorer here.

The Save Calderstones Park Campaign joined forces with LOGS and together stopped building plans on our parkland.

Save Harthill and Calderstones Park Facebook page

 

Please give a donation to help fund LOGS ongoing challenges and
for the Harthill and Calderstones action fund:

If you have problems with PayPal button above please use 'Go Fund Me' for donations:
www.gofundme.com/save-harthill-and-calderstones-park

The best method to make a donation is by direct bank transfer to:

LOGS CIC
(Santander)
Sort Code: 09 01 29
Account Number 12693124
---
For international payments:
BIC ABBYGB2LXXX
IBAN GB69 ABBY 0901 2912 6931 24

Court costs and legal fees are expensive and we are continuing to fund raise to help cover the ongoing legal and other costs to save and enhance our open & green spaces.

---

LOGS is a community interest company run by dedicated volunteers.
It does not operate for profit but for the benefit of the community.
LOGS are not affiliated to any political party.



This web site was last updated on 12 October 2020