Shorrocks Hill development thrown into serious doubt as Ombudsman decision exposes key legal gap

The future of the highly controversial Shorrocks Hill development in Formby has been thrown into serious doubt following a critical ruling by the Local Government and Social Care Ombudsman, with new details revealing the scheme is far from approved and could yet collapse entirely.

The plans, which sparked widespread public opposition, were initially backed by Sefton Council’s Planning Committee in July 2025. The proposal included 23 luxury homes, a 100 space car park and a toilet block on land near Lifeboat Road, alongside a financial deal worth around 1.5 million pounds paid to the council instead of delivering affordable housing on site.

However, despite that decision, the development has never received formal planning permission.

That single fact now sits at the centre of the entire case.

Formby Civic Society submitted a detailed complaint to the Ombudsman raising serious concerns about how the application was handled. The complaint paints a picture of a planning process that residents believe fell well below expected standards.

The concerns raised include that Sefton Council:

• Failed to follow its own Local Plan policies

• Failed to properly consider objections and expert representations

• Failed to advise the Planning Committee that the Council’s own Tree Officer could not support the application due to the scale of tree loss

• Failed to ensure microphones were working properly during the committee meeting

• Ignored calls for the meeting to be adjourned

• Relied on ecological advice from a consultant residents did not believe to be fully independent

• Approved the application before receiving final comments from Natural England

• Applied inconsistent decision making compared with previous planning applications

• Failed to disclose concerns regarding the developer’s previous affordable housing payment history

• Failed to take enforcement action relating to activity on the site between 2016 and 2024

• Failed to properly disclose and apply key matters during the Local Plan examination process

Despite the scale of these concerns, the Ombudsman has decided not to launch a formal investigation at this stage.

But crucially, this is not because the concerns were dismissed.

Instead, the Ombudsman’s decision is based entirely on legal timing. The ruling confirms that because the required Section 106 legal agreement has not been completed, planning permission has not been issued.

In the Ombudsman’s own words, any injustice to residents is currently “speculative” because the development does not yet have legal approval and may never proceed at all.

The decision also confirms that complaints relating to older matters, including the removal of the site from the green belt during the 2017 Local Plan process and historic enforcement issues, are now too late to be investigated.

However, the most important part of the decision is what it means for Formby right now.

In simple terms:

• Planning permission has not been granted

• The development is not legally approved

• The concerns raised have not been dismissed

• The complaint can be brought back in full if permission is issued

• The entire scheme now depends on whether the legal agreement is ever completed

That leaves the development in a state of real uncertainty.

David Irving of Formby Civic Society said the outcome should be clearly understood by residents.

He explained that while there is disappointment that a full investigation has not been opened at this stage, the complaint itself has not been rejected. Instead, the decision reflects the fact that the legal agreement attached to the application remains incomplete.

He added that the Society will continue to monitor the situation closely and is ready to return to the Ombudsman if the development progresses.

The Ombudsman’s findings also highlight a crucial point that many residents may not have been aware of. Although councillors voted in favour of the plans, that approval was conditional. Without the completion of the Section 106 agreement, there is no formal planning permission in place.

This creates a significant window of uncertainty.

The agreement could still be completed, delayed, renegotiated or potentially fall apart altogether. If it is not finalised, the development cannot proceed. If delays continue, the application may even have to return to the Planning Committee.

Attention now turns to Sefton Council and what happens next.

The council must decide whether to proceed with the agreement in its current form, reconsider elements of the scheme in light of ongoing public concern, or risk further scrutiny as the delay continues.

For many in Formby, this is about far more than housing numbers. Shorrocks Hill sits alongside sensitive conservation areas and woodland habitats closely linked to the town’s red squirrel population, making it one of the most environmentally sensitive sites in the area.

The Civic Society has made clear that its concerns go beyond this single development, raising wider questions about transparency, environmental protection and trust in the planning process.

What is now clear is that this development is not approved, not secured, and not guaranteed.

Instead, it remains unresolved and very much still in play.