Council shies away from legal action over called in planning decision on prison after KC says there are no grounds of challenge

Harborough District Council has backed down from challenging the Levelling Up Secretary's decision to grant planning permission for a new prison in the area after receiving advice from King's Counsel, who found no grounds for challenging the decision.

The council refused the planning application, which would see a new 'Cat B' prison built next to the preexisting Gartree Prison, Market Harborough, in April 2022.

It refused permission on the grounds of unsustainable location, harm to the character and appearance of the landscape and harm to an area designated as an Area of Separation.

However, following an appeal and an inquiry, the Secretary of State called the decision in. He issued a decision letter providing planning permission to the site in November 2023.

The decision not to pursue litigation came in a full council session earlier this month (11 December) in which councillors considered an exempt report on the implications of starting legal proceedings.

A council spokesperson said: "Harborough District Council wanted to fully explore the option of a legal challenge and funded advice from King's Counsel (KC) on the matter. Unfortunately, KC advised that no grounds for a challenge have been identified."

The council's Chief Finance Officer also advised that the allocation of funding for the legal challenge would not meet the fiduciary duties of the council.

The spokesperson added: "The council recognises that the decision not to allocate funding for a legal challenge was a difficult one, and there is a lot of concern about the new prison in the community.

"It is disappointing that the council's decision to refuse planning permission was overturned, but we also recognise that there is no reasonable chance of being successful in a legal challenge."

Adam Carey