[2025] UKUT 312 (LC)

Other substantial developments on land unaffected by HS2 were under construction in the area at the valuation date or had the benefit of planning permission and so would have been material considerations in any application for development on the Appeal Site. Some are identified on the following helpful plan prepared by Mr Townsend.

Completed development included the nine-storey Clayton Hotel, constructed in 2012 under the 2007 Permission immediately to the north of the Appeal Site on the junction of Masshouse Lane and Moor Street Queensway (No. 7). Opposite the hotel, Masshouse and the Hive (No. 6) were two apartment buildings of 15 and 16 storeys, also recently completed. To the south-west, separated from the Appeal Site by Moor Street Station, the Selfridges building (No. 4) had been completed and the former Pavilions Shopping Centre (No. 3) was being redeveloped as a new flagship store for Primark.

Other adjacent sites under construction at the valuation date included phase 1 of Exchange Square (No. 1) a residential and hotel development on 27, 16 and 9 storeys to the north of the Appeal Site (after the valuation date, consent was granted in January 2000 for a revised phase 2 of 8, 14 and 36 storeys), and The Emporium (No. 5), a 15 storey PBSA tower providing 185 bed spaces.

Finally, to the south of the Appeal Site on Digbeth, planning consent had been granted for Beorma (No.8), a mixed-use development of three blocks including a 30-storey tower. Martineau Galleries (No. 2) had been identified as a Major Development Site in the BDP and the Big City Plan, but planning consent for a mixed-use development had lapsed. In addition (not shown on the plan) planning permission was extant for 143,350 sqm of office and residential development in buildings of up to 19 storeys at Eastside Locks, and in the same area Unite had permission for a PBSA block of 15 storeys.