Local authority defeats developer in High Court JR over retail park restrictions

Peel Holdings had brought legal action against Hyndburn Borough Council over the use of Whitebirk Retail Park. It challenged the council’s refusal to confirm its position in respect of whether the restrictions would continue to apply when various planning permissions were implemented.

Peel is understood to have submitted 29 successful planning applications to Hyndburn since 2007, when a committee refused to remove the restrictions. The developer argued that the cumulative effect of the applications meant it was no longer bound by the restrictions.

The case was heard at the beginning of October and the Administrative Court has now ruled in the council’s favour.

In a statement, Hyndburn said: “The council welcomes the judgement of the High Court. Decisions on the use and development of land should be open and transparent and determined through the proper planning process as intended by Parliament.

“It has been determined at planning appeal that the unrestricted sale of goods from units at the Peel Centre would have a harmful impact on local town centres and the council does not believe that the use of tenuous judicial challenges is an appropriate means of removing the restrictions that were placed on these units. The council would like to thank Blackburn with Darwen Council and The Mall for the support they have shown in defending this action."

A spokesperson for the Peel Group said: “Naturally we are disappointed with the decision of the High Court to dismiss our case in respect of Whitebirk Retail Park. Our proposals aim to unlock well over £16m of investment, create over 250 new jobs within Hyndburn and provide local people with a local alternative to travelling to retail parks in Preston and Bolton. We have been given permission by the court to appeal the decision and will of course be reviewing the case in more detail with our legal team.”