Ribble Industrial Estates Ltd v Burnley Borough Council

Ribble Industrial Estates Ltd v Burnley Borough Council

The Council's failure to state its reason for departing from the Inspector's recommendation regarding the Hepworths site was a breach of regulation 27, but the reason (avoiding delay to the Plan) was rational and did not substantially prejudice the Claimant. The inclusion of additional land at Stoneyholme after the inquiry did not cause substantial prejudice to the Claimant, who had no direct interest and did not articulate substantive objections. The application to quash the relevant parts of the Plan was therefore dismissed.

Parties
Claimant: Ribble Industrial Estates Ltd; Defendant: Burnley Borough Council
Jurisdiction
England and Wales
Judgment Date
07 February 2008
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Local Plans, Statutory Compliance, Procedural Fairness, Development Land Allocation
Planning Law Administrative Law Local Plans Statutory Compliance Procedural Fairness Development Land Allocation

Case Brief

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Parties

Ribble Industrial Estates Ltd

Claimant

Burnley Borough Council

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the inclusion of Hepworths and Stoneyholme sites in the Burnley Local Plan without further feasibility study or inquiry was lawful
  2. 2 Whether the Claimant was substantially prejudiced by any procedural breach in the adoption of the Plan

Ratio Decidendi

The Council's failure to state its reason for departing from the Inspector's recommendation regarding the Hepworths site was a breach of regulation 27, but the reason (avoiding delay to the Plan) was rational and did not substantially prejudice the Claimant. The inclusion of additional land at Stoneyholme after the inquiry did not cause substantial prejudice to the Claimant, who had no direct interest and did not articulate substantive objections. The application to quash the relevant parts of the Plan was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • The application to quash the employment chapter of the Burnley Local Plan, whether wholly or in part, is dismissed.