The Health and Safety Executive has taken
The £40m development, which was brought forward by student accommodation developer Victoria Hall and Fleming Developments UK, sits on
Mr Justice Collins is considering the HSE’s claim that the planning decision in August 2008 was “unlawful” without a public inquiry into safety concerns and it should be allowed to retrospectively fight the permission in the high court.
Lawyers for the HSE said it was not told that the council was “minded” to grant permission for the four-block scheme and so was deprived of its right to ask for the case to be considered by the government, with an associated public inquiry.
Although one block is already full and another approaching capacity, the HSE wants the high court to rule that the final uncompleted block be shelved and unfilled rooms remain empty until the nearby liquid petroleum gas installation is decommissioned.
Lawyers for the council deny that it deliberately kept its consideration of the decision from the HSE and said it was entitled approve the proposals.
Philip Coppel, QC for the HSE, said “
“Had the HSE been informed that
“If this request had been granted, the power to grant planning permission would have been taken away from Wolverhampton and vested in the secretary of state, following a public inquiry at which safety concerns would have been fully considered.
“By not informing the HSA that it was minded to grant planning permission,
The hearing continues.
