Successful JR challenge to Symphony Park in Cheshire

We were instructed by Protecting our Park Limited to challenge the grant of planning permission by Cheshire East Borough Council for Symphony Park, consisting of 139 new extra care units at Heatherley Woods, Alderley Park, Cheshire. On 18 July 2025, HHJ Pearce in the High Court quashed the decision.

The Symphony Park site was previously home to Astra Zeneca’s lead centre for cancer research until 2012. Following the relocation of Astra Zeneca to a site in Cambridge, a taskforce comprising the leaders of Cheshire East and Manchester Councils, the Vice Chancellor of the University of Manchester and the then local MP expressed a vision to “secure a vibrant and prosperous future for Alderley Park through its transformation to an independent, self-sustaining, world-class hub for life sciences acting as an anchor for the sector in the North West”. Development in Alderley Park is subject to Policy LPS 61 in the Cheshire East Local Plan 2010 – 2030 which includes development of part of the site for residential purposes, the proceeds of which are intended to further develop the Life Sciences Park. As a result, the Symphony Park application sought to engage with LPS 61 and the need to show that proceeds of development would lead to greater investment in the Life Sciences Park.

However, nowhere in the planning application documents was the level of funds that would be provided actually quantified. Further to this, the Viability Report submitted with the application made clear that Symphony Park would not fully ‘plug’ the viability gap.

Our claim succeeded on two of three arguments raised.

The first successful ground of challenge argued that it was not possible for the Council to properly conclude that Symphony Park aligned with LPS61 without first identifying what cross funding would be available to the Life Sciences Park on approval of the application. HHJ Pearce agreed that:

“A rational decision-making process, looking at this issue, would therefore have involved either refusing permission because the cross funding was not shown to be sufficient or granting permission in any event notwithstanding the insufficiency of cross funding to ensure completion of the construction of the laboratory and offices. However, neither the Officers’ Appraisal nor any other material either before the members or relevant to their decision indicates that this was their reasoning.”

Following from this, our second successful argument followed that the Council failed to give adequate reasons for concluding that Symphony Park accorded with Policy LPS61. On this HHJ Pearce said the following:

“If it were shown that it was rational to reach the decision that the Defendant did in respect of the application, the material to support that rationality would be the material that demonstrated the adequacy of reasoning; correspondingly given my finding that this was a decision that was not reached rationally because of the absence of reasoning that supports the decision, the ground of challenge is made out.”

Accordingly, HHJ Pearce quashed the Council’s decision to grant permission.

A spokesperson from Protecting Our Park Ltd comments:

“We’re all delighted on the decision and to see the reaction of the residents of the Park this morning has been amazing and makes it so worthwhile.” 

Piers Riley-Smith of Kings Chamber’s was instructed as counsel.