Citation: [2025] EWHC 3016 (Ch)
Following a hearing in May-June 2025, Romal Capital (Romal) has won its High Court claim against Peel L&P (Peel) for breach of contract. The dispute concerned a major development within the Liverpool Waters regeneration area, which is the subject of England’s largest outline planning permission.
Mr Justice Fancourt held that Peel had breached the agreement for lease of the development site by failing to support, and in various ways undermining, Romal’s application for planning permission. He held that if Peel had met its contractual obligations, Romal would have had a 60% chance of securing planning permission for its preferred 646-dwelling tall buildings scheme. This permission could have come from Liverpool City Council or the Planning Inspectorate. Instead, Romal obtained approval for a smaller 330-dwelling scheme, which is now under construction. Damages were awarded (for a sum to be calculated in line with the judgment) to reflect the losses incurred.
Amongst the many interesting aspects of the judgment is the Judge’s discussion of the proper interpretation of the Liverpool Waters Outline Planning Permission (LWOPP) and the associated planning policy framework, as well as the approach to standalone applications for planning permission for individual developments within the LWOPP site.
Lord (Charles) Banner KC acted for Romal on the planning issues, calling on John Rhodes OBE of Quod, and working with a team from Wilberforce Chambers and Clyde & Co.
A press summary is available on the Courts & Tribunals Judiciary website here: Romal -v- Peel (judgment and press summary) - Courts and Tribunals Judiciary
