Spago Planning – Judicial Review

Residents of and businesses in Lytham have consistently expressed the importance of protecting Lytham Town Centre, its Listed Buildings, its Conservation Area, Lytham Green and its other heritage assets, parks and gardens. Many local organisations, including Lytham Town Council, Lytham St Annes Civic Society, Lytham Heritage Group and others have worked tirelessly and continue to work to safeguard these valued assets. They are the very essence of Lytham.

Against this backdrop there has been significant disappointment following the decision of Fylde Borough Council’s Planning Committee (a 5-4 majority ) to approve the retention of a canopy structure over the forecourt of Spago, 7 Dicconson Terrace, a notable Grade II Listed building in the Lytham Conservation Area. This decision was made contrary to the recommendations of FBC’s own Chief Planning Inspector and his team, the decision of a Department of the Environment Planning Inspector dismissing a like Enforcement Notice Appeal, the views of independent Heritage Consultants – Growth Lancashire and the advices of Lytham Town Council.

Independent legal advice has been obtained in respect of planning law as it applies to the Lytham Conservation Area. These Advices indicate that there are strong grounds to argue that the approval process for this application was flawed and did not comply with national planning guidance designed to protect important heritage buildings, in this case a Listed Building in a Conservation Area.

In the light of this, Lytham Voice has taken the decision to apply for a Judicial Review of the decision making process. This is not simply a technical challenge: it’s about ensuring the proper legal protections afforded to Lytham’s heritage assets, particularly in a conservation area are observed and in support our own professional advisors, namely Fylde Borough Council’s Chief Planning Officer and his Department.

Lytham Voice supports a vibrant hospitality sector and recognises the value of alfresco eating and drinking for businesses and residents and visitors. It believes that supporting local businesses and protecting the town’s historic character are compatible aims and can and should be achievable together.

However, concerns remain that, in some cases, development has been illegal and has exceeded acceptable limits and that there has been inadequate and timely enforcement and compliance. This has led to concern within the Lytham community.

Lytham Voice will continue to advocate for a fair, balanced, legal and professional approach ensuring that planning rules intended to protect the town’s heritage are properly applied.

We are of the view that the majority of the community support our position.