Applying the principles in Holborn Studios

The High Court recently handed down judgment in R (oao Glenbrook Industrial Limited) v Wigan MBC and Caddick Development Limited and others [2026] EWHC 1363 (Admin).

The case concerned a challenge to a grant of planning permission by Wigan MBC to Caddick Developments Limited for:

“Outline application with details of means of access only from Lockett Road for the construction of (Use Class B2/B8) warehouse accommodation of up to 33,445sqm (360,000sqft) total including integral offices with associated car and commercial vehicle parking, servicing and landscaping. All other matters reserved.”

The permission was challenged by Glenbrook Industrial Limited who benefited from planning permission to develop an adjoining plot of land in the same strategic allocation. Glenbrook brought the challenge on three grounds all based on the application of the principles in R(Holborn Studios) v Hackney LBC [2018] PTSR 997.

They argued that the late submission of plans which showed additional detail on the internal site access arrangements and point of connection to their site to the Caddick site was something that required consultation and that as no such consultation had taken place the decision to grant planning permission was unlawful.

The Judge dismissed the claim finding that:

1. The original drawings submitted did show where any point of connection between the two sites would be;
2. The Claimant was aware of where the potential point of connection between the two sites; and
3. The Claimant did make representations on the issue or at the very least had the opportunity to do so.

The claim was accordingly dismissed.

The judgment serves as a useful practical application of the principles in Holborn Studios and highlights the importance of making robust representations during the currency of an application if you are concerned with any of its potential outcomes.

Giles Cannock KC of Kings Chambers, instructed by Richard Sagar and Josh Fraser of Walker Morris, appeared on behalf of the Interested Party, Caddick Developments Limited.

Also of Kings Chambers, Freddie Humphreys, instructed by Simon Ward of Wigan MBC, appeared on behalf of the Defendant. They represented their respective clients at the two-day hearing before the High Court.