A spokesperson for HSE said: "HSE welcomes the unanimous decision of the Court of Appeal that Wolverhampton City Council unlawfully failed to consider whether to use its powers to revoke or modify the planning permission previously granted in respect of Block D of student accommodation, which has not yet been built."
"HSE asked the Court of Appeal to look again at this matter after the judge took the view that the Council could not revoke or modify the planning permission because Blocks A, B and C had been completed. The Court of Appeal agreed with HSE that the Council had power to make a modification or revocation order for Block D alone."
"The Council's decision not to revoke or modify the planning permission has been quashed, and it must now reconsider the matter. HSE looks forward to working with the Council, in accordance with established planning procedures, to ensure that it gives due weight to safety concerns when making decisions."
"Local Planning Authorities must involve HSE in planning applications which are close to hazardous sites, and must advise HSE if they propose to grant planning permission. HSE has over 30 year's experience in this field and will continue to base its advice on planning applications on the best assessment of risk."
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