Tall & Urban News

Residents have pushed back against the Manchester Council for backing plans for a controversial 55-story student skyscraper - despite being warned it will face an immediate legal challenge.

Hundreds of people living in the Macintosh village area off Oxford Road have been fighting the £130 million (US$177 million) proposal to build a "landmark" student tower block with 853 rooms for several years.

They have raised a long list of objections including the "tombstone" design which would leave many facing onto a windowless 165-meter brick gable end.

Residents also argue the proposal contravenes a number of the council's key planning policies in terms of changing the residential makeup of the neighborhood.

Councillors for the Deansgate ward, Marcus Johns and William Jeavons, are opposed to the tower, comparing it to a "giant Vogon Spaceship from Hitchhiker's Guide to the Galaxy."

The University of Manchester says it does not support the scheme, while Manchester Metropolitan University is now in support, having previously spoken against the scheme.

Residents say the change of position coincided with MMU staff being given parking passes at the site.

In a statement, MMU said its position changed following "rigorous" assessment of the proposals and that the "commercial contract" it has entered into for parking passes is "separate."

And now it has emerged the council received a report from a top property barrister confirming that he believes the residents affected would be entitled to seek an injunction if planning were granted.

The application, submitted by developer GMS (Parking) Limited, is due to be considered by Manchester Council's planning committee for the first time this week and has been "minded for approval" by planning officers.

But furious residents say it shouldn't even be considered given the ongoing legal uncertainty they have highlighted.

To erect the tower, developer GMS (Parking) Limited is seeking to demolish and rebuild the multi-storey 391-space car park on Great Malborough Street.

GMS bought the car park from Taylor Wimpey in 2011.

Currently, around 100 spaces belong to homeowners in nearby Macintosh Village who paid £25,000 (US$34,000) for a long lease when they bought their flats.

In order to build its tower, GMS proposes to demolish the car park and rebuild it, reducing the total number of spaces to 101.

The developer says those who own spaces will still be able to use them via temporary access during construction.

According to planning documents, the construction phase is expected to last three years, although residents say they have been told by GMS it will be six years.

In the first instance, Macintosh Village residents are skeptical that they will still be able to gain safe access to the car park while it is being demolished.

But more importantly, they do not believe GMS has the legal right to take such action without their agreement.

They clubbed together to instruct a barrister, Andrew Skelly of Hardwicke chambers, to assess the case, and having viewed a sample lease, he does not believe it permits the landlord to redevelop the car park.

Furthermore, Mr Skelly says he does not believe GMS can rightly be considered the 'landlord' of the car park.

In a report seen by the M.E.N, he concludes the proposed redevelopment "would likely result in actionable interference with the rights of tenants with the benefit of the right of way and the right to park."

Macintosh Village tenants would therefore "be able to seek to restrain such interference by injunction."

This legal advice was shared with Manchester city council's planning development manager Dave Roscoe in November 2020.

It is also been raised in detail by Macintosh residents in their objection to the scheme, however planning officers have said it is 'not a material planning consideration'.

Macintosh homeowners say they do not understand why the application has been allowed to proceed while this serious legal issue is unresolved.

If approved, they believe the proposed development would violate the terms of their mortgage and require them to pay it off in full.

NHS nurse Nicole Burden said: "Our mortgages were agreed on the basis of spaces in the car park, that's what's in the deed and the leasehold, if changes are made I fear I would have to fully repay my mortgage.

"If you're given a mortgage on that basis and something changes, and it would be a substantial change, I personally fear that's what would happen."

Engineer Matt Kennedy added: "It's within my lease for my flat that I have access to the car park.

"I've had some mortgage advice and given the terms on which it was given, they could ask for my mortgage back in 30 days.

"Surely the council's first port of call is to protect us?"

In the report to be considered by the council's planning committee, officers have said the rights issue raised by residents is 'not a material planning consideration'.

"The residents that utilize a parking space in the MSCP do so by way of right," the report says.

"This interest, and whether any rights afforded to the leaseholders could preclude the implementation of this scheme, is not a material planning consideration in the determination of this application.

"Should the leaseholders believe that their legal rights would be affected by any grant of planning permission, they would need to pursue these rights separately from the planning process."

A Manchester Council spokesman said the authority was unable to comment any further on an ongoing planning application.

But it is understood that council officers do not believe the legal issue around rights to develop the site is a matter the planning committee can consider, even though it could ultimately prevent the tower from being built.

The council's planning report states that residents' parking rights "would be maintained should planning permission be granted," adding: "The appropriate number of car parking spaces would be retained and made available during construction and when the redevelopment works have been completed."

The University of Manchester says it cannot support the proposal as it not convinced there will be the demand for purpose built student accommodation going forward.

In addition, the university says it has "reservations" about the proposal including rents being too high for students, and a lack of shared communal space on all but five of the 55 floors.

"The scale of the development and the arrangement of the communal facilities does therefore raise concerns over student well-being," the uni adds.

When plans first came to light in 2019, Manchester Met University also said it would not support the scheme, citing the cost of rent.

In an email trail on the council's planning portal, the uni said: "The weighted average rent of a university owned, leased or nominated bed is £131 (US$179) per week. The average cost of a studio in the city centre is £221 (US$302) per week.

"This is 69 percent more expensive and therefore no attainable or desired by the majority of the university's students."

However, MMU has since changed its position and the uni now supports the scheme, according to the council's planning report.

The uni says the proposals "are genuinely complementary and well located meaning that there is no reason for the University to oppose the scheme."

"Further information and reassurance has been provided on the quality of management, pastoral care and support facilities for students, which is critical to the University," the council report says.

When asked to explain its change of position, a Manchester Metropolitan University spokesman said: “We gave our support to the scheme in March 2020 after spending several months conducting a rigorous and detailed assessment of the company’s revised proposals for developing the student accommodation.

"At this stage we have not entered into any commitment to take any of the accommodation should the building be developed.

"Separately, we have entered into a commercial contract to lease a number of parking spaces for staff at Great Marlborough Street car park from August 2020 until the end of 2021.

"This is to provide a temporary replacement for the loss of spaces at our staff car park, a short distance away at our John Dalton site on Chester Street, due to the start of construction works on our new Science and Engineering building.”

Beyond the legal issue, residents and councillors have raised a litany of objections to the student tower.

Deansgate ward councillors Marcus Johns and William Jeavons said: "We strongly object to these plans which are hugely inappropriate, and have supported local residents over the last tow years in opposing this.

"The fundamentals of this application - its height, design, and sheer number of students it would house - are all wrong for this location.

"Macintosh Village is a successful, longstanding residential community in the city center and we fear that this development could irreversibly change this neighborhood if approved."

"We support all aspects of the residents' objection to these plans and we understand the stress over the past two years that these plans have put on the community, including over the threat to their rights as leaseholders.

"The best outcome to give the community peace of mind would be for this application to be rejected on Thursday, and that is the outcome we are working towards."

In a lengthy letter submitted by Macintosh Village Management Company, residents say they have "created homes in the area and contributed towards creating a neighborhood."

They say this has produced "significant" council tax contributions while the proposal is for a large amount of sui generis accommodation which will be exempt.

Residents argue that the design put forward means the 165-meter building will "turn its back on our neighborhood" and potentially create wind and microclimate issues.

"The proposal is a niche product that does not meet the needs of the majority of students," the residents add.

"It would affect the potential of the area to create family accommodation and would change the residential neighbourhood of Macintosh Village and result in a unacceptable loss of amenity.

However, documents submitted to the council's planning portal by Deloitte on the company's behalf set out their response to many of the objections raised.

GMS says there is a "demonstrable need for high quality student accommodation" and points to the support of Manchester Met University.

The firm highlights research that suggests demand for UK universities has increased in 2020 by 3.5 percent from the same time last year.

Analysis indicates "that in the medium term, student numbers are anticipated to return to pre-Covid levels, particularly in those cities and towns with high demand courses and departments," they add.

The benefits and need for high quality PBSA in the Oxford Road Corridor have recently been highlighted by Manchester Council's executive committee, GMS, quoting a report which says: “Development within the Oxford Road Corridor area, in close proximity to the primary University campuses, which creates a high quality residential offer for students is critical for Manchester’s Universities’ ability to attract and retain students in a global market.

“Well-connected, purpose-built student accommodation in appropriate locations will also free up residential properties in other parts of the city, further away from the Universities, increasing the supply of good quality homes for sale and rent to Manchester residents.”

The architectural design of each element of the proposals has evolved, GMS says, and now delivers "a revised car park configuration, resulting in a smaller and less visible MSCP; a new amenity block that strengthens the architecture and relationship with both street facing elevations and further increases the quantum of amenity space for students; and increased landscaping that will make a positive contribution to the street and biodiversity."

An improved energy strategy will supports the city’s strategic ambitions to achieve net zero Carbon by 2038, GMS adds.

The proposals "will result in a major investment in the city centre, which will directly support the growth of the universities and SMEs in the wider Oxford Road Corridor; create jobs on-site and in the wider supply chain; and enhance the local streetscape," they say.

GMS says it has 'responded directly to requests for information and clarifications, and has also undertaken a two year iterative design process with key stakeholders, including the Local Authority and Macintosh Village Residents Association.'

"Extensive engagement has resulted in amendments that directly address matters raised by residents through the consultation process and demonstrate clear steps taken to enhance the integration of the proposals with the surrounding environment and local community," they say.

"We consider that the proposed amendments represent the culmination of an effective and in-depth consultation process, which has comprehensively addressed MCC’s requirements for stakeholder engagement.

"The extent to which the amendments address consultation feedback would not be possible without the significant time and engagement given by key stakeholders and the efforts made by the Applicant to positively respond.

"Overall, the proposals will result in a scheme that will positively contribute to meeting identified need for high quality student accommodation, enhance the local area, positively integrate with the local community and support the recovery and long term growth of the City Centre and the Universities."

For more on this story, go to Manchester Evening News.