Council concedes judicial review of decision to demolish church

Members approved plans to demolish the former United Reformed Church in Darwen in May.

However, local petrol forecourt operator The Kay Group (UK) Ltd objected to the plans, raising highway safety concerns.

It subsequently launched a judicial review challenge against the decision on four grounds in June.

The first ground argued that officers had wrongly advised members to take account of a supposed "fallback" position, under which the church could be put to another use with similar or worse effects on highway safety.

However, the claimant argued that the fallback position was entirely theoretical and therefore could not legitimately be treated as a material planning consideration.

The second ground alleged that members had been misled after officers failed to advise them that significant weight should have been given to concerns raised by highways officers.

The third ground claimed that members had been wrongly advised on the relevant highway safety test under the National Planning Policy Framework (NPPF).

The final ground alleged that the decision to grant planning permission was Wednesbury unreasonable because the council had taken into account irrelevant matters and failed to consider relevant matters.

The council ultimately accepted that the first ground of challenge was well-founded, conceding that the supposed fallback position involving another use within Use Class F1 had not been shown to be anything more than theoretical.

A council report said: "No explanation was given as to why the fallback position was anything more than theoretical, which cannot be treated and is confirmed in case law as a material consideration for decision making."

It added: "The Council agreed with the Claimant on the Grounds of Claim and as a result the decision must be quashed and the planning application be open for reconsideration by the Council."

The council did not accept that there had been a legal error in relation to the remaining three grounds.

The High Court granted a consent order quashing the planning permission on 11 September 2026.

The planning application will now be reconsidered by the council.

Adam Carey