Judicial Review Background Q&A

Why Lytham Voice took legal action against Fylde Borough Council granting planning for Spago Restaurant’s canopy

Lytham Voice took action to protect the heritage value of Clifton Square. The action only challenges whether the Council acted lawfully in approving the planning application.

Regrettably, this action was misrepresented and subsequently heavily criticised on social media.

Why take action regarding Spago when there are other worse offenders?

Following the granting of planning approval there is a strict time limit on any challenge. Lytham Voice’s understanding is that Fylde Council and Lancashire County Council are still pursuing enforcement action on other properties.

Now that the judicial review proceedings have been formally paused for a period of 6 months on terms proposed by Lytham Voice and subsequently agreed with Fylde Council and Spago, we can provide some background.

First and foremost: this is not about closing Spago’s outside seating area. Lytham Voice want Spago to thrive and continue to offer outside seating – within the rules that protect the historic building it sits in.

So what happened?

Fylde Borough Council Planning Committee approved planning permission for changes to Spago’s outdoor canopy. Strong legal advice is that the permission was granted unlawfully — meaning the rules that exist specifically to protect important heritage buildings, including 7 Dicconson Terrace, were simply not followed. Additionally, Fylde Council’s planning department officials and Head of Planning strongly objected to the application and recommended refusal, a leading heritage consultant raised serious concerns, and a Government Planning Inspector had previously rejected a similar proposal on the same grounds. Fylde Borough Council’s Head of Planning subsequently resigned after being overruled.

Why take legal action?

Lytham Voice tried to resolve this by asking Fylde Borough Council to pause and allow time for a better design to be proposed. They declined, leaving only one option to definitively determine if the planning approval was lawful: a judicial review, which is a legal challenge that asks a court to check whether a decision was made lawfully.

Why does this matter beyond one restaurant?

Lytham’s character — its Georgian buildings, its unique streetscape — is what makes it a place people love to live in and visit. That character is an economic asset too. If planning rules protecting heritage buildings are applied inconsistently or incorrectly, it sets a precedent that could quietly erode everything that makes Lytham special.

Where things stand now?

The legal proceedings have been paused for six months to allow time to develop a design for covered outdoor seating, that both meets the needs of the business and respects the building’s original Georgian frontage. We genuinely believe a better outcome for all is possible.

There is no hidden agenda — only a commitment to lawful, transparent planning decisions by Fylde Council and Lancashire County Council that protect what makes Lytham a wonderful place to live and visit.

Looking to the future

Lytham Voice welcomes the opportunity to meet with residents, individually or in groups, to allay concerns.

Mail to: hello@lythamvoice.co.uk