The Health and Safety Executive (HSE) has lost its legal dispute with Wolverhampton City Council over a 750-room student village that was built within metres of a gas installation.
The £40m development, which comprised four tower blocks, three of which have already been built, was brought forward by student accommodation developer Victoria Hall & Fleming Developments UK. It is located on
In his judgment, Collins J criticised the council for failing to alert the HSE before allowing the scheme to go ahead. The HSE should have been given time to decide whether the risks were permissible.
However, refusing to quash the decision, the judge also criticised the HSE for an “inexcusable” delay in seeking to take legal action to halt the development.
The judge said that it was too late to prevent the construction of the fourth building or the occupation of the existing three blocks. The judge described the developer as “undoubtedly an innocent party”.
He said that his judgment would make it clear that councils had to consult with the HSE over proposed developments that increased the risk of a major accident, or involved plans for homes in locations in the vicinity of explosive or inflammable substances.
In a statement, the HSE said: “The HSE welcomes today’s judgment that the council failed to notify the HSE that it was minded to grant planning permission, and it failed to notify the HSE that it had granted planning permission against our advice.
“This sends a clear message to other local planning authorities that they must follow the procedure set out in the relevant guidance in such cases.”
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