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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.
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)
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.
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
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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.
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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
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