Liverpool Open and Green Spaces Community Interest Company (LOGS)

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Liverpool City Council and Redrow Homes Ltd to appeal court ruling

Both the City Council and Redrow (appellants) have given notification that they are appealing against the High Court's ruling by Mr Justice Kerr to quash the Harthill and Calderstones Park development scheme. Redrow and LCC are appealing together as main parties to reverse the court ruling from stopping inappropriate building on the Green Wedge. In particular, the Green Wedge that is continuous green space from Calderstones Park to Woolton in Liverpool.

LOGS legal team are responding to support Mr Justice Kerr's ruling and we can say no more at the present time.

In an email sent to councillors on 22 February 2019, Liverpool council chief executive Tony Reeves wrote:

"I am writing to let you know that the city council has now lodged an appeal over the Harthill scheme, because of the wider ramifications it has for planning policy nationally.

We are appealing to get clarity on the wider issue, so everyone involved in the planning process, whether it is developers, councils, landowners or local residents, has clarity around how planning applications for development on green wedge should be assessed."
Source: see Liverpool Echo feature - 22 Feb 19.

The Defendant (LCC) and interested parties (1) Redrow Homes Limited and (2) Arthur Brooks (on behalf of Merseyside Live Steam and Model Engineers) request for leave to appeal to the Court of Appeal was made on 18th January 2019 on the basis that the learned judge made an error of law in allowing the Claimant’s (LOGS) first (Heritage) and fifth (Interpretation of UDP Green Wedge policy OE3) grounds of challenge.

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 Harthill 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 donated 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.

These building plans will harm the openness of the Calderstones/Woolton Green Wedge (Policy OE3) and will have a high impact on the character and visual amenity of Calderstones Park.


Loss of Open Green Space and Mature Trees

Calderstones Park is arguably the best public garden in England. It is known for it’s collections of scarce trees and shrubs. If building plans go ahead many tree species will be lost. 105 trees will be felled, many mature trees will be removed or harmed in the building process. Images of some of the trees to be removed or damaged can be found here.

 

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 proceed. Click here to see pictures and details.


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. We welcome volunteers who can spare time to help give leaflets to the many people who visit the park who are unaware of the plans to build a housing estate on our popular park.


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.

"They’re trying to build a housing estate on one side of Calderstones Park and a railway on the other. Let’s STOP them! Support LOGS challenge to save our park." Jimmy McGovern (Award winning author who previously helped to preserve part of Calderstones Park).


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 have joined forces with LOGS and together with your help we intend to stop building plans on our parkland.

Save Harthill and Calderstones Park Facebook page

 

Please give a donation to help fund LOGS ongoing challenges:

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 10 March 2019