Peel Land and Property Investments Plc, R (on the application of) v Blackburn With Darwen Borough Council & Ors [2012] EWHC 2959 (Admin) (31 October 2012)

Peel Land and Property Investments Plc, R (on the application of) v Blackburn With Darwen Borough Council & Ors [2012] EWHC 2959 (Admin) (31 October 2012)

The later planning permissions, properly construed, did not grant a material change of use or the erection of new retail units so as to trigger the provisos in the s106 agreements. The permissions were for specific building operations, not for unrestricted A1 retail use. The court had jurisdiction to determine the claim despite the statutory appeal process, but on the merits, Peel's claim failed as the s106 restrictions remained in force.

Citation
[2012] EWHC 2959 (Admin)
Parties
Claimant: Peel Land and Property Investments PLC; Defendant: Hyndburn Borough Council; Interested Party: Blackburn with Darwen Borough Council; Interested Party: Burnley Borough Council; Interested Party: Capital and Regional Property Management Limited; Interested Party: The Mall Limited Partnership, Mall Nominee One Limited and Mall Nominee Two Limited
Jurisdiction
England and Wales
Judgment Date
31 October 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Section 106 Agreements, Certificates of Lawful Development, Interpretation of Planning Permissions, Section 75 Town and Country Planning Act 1990, Material Change of Use
Planning Law Administrative Law Section 106 Agreements Certificates of Lawful Development Interpretation of Planning Permissions Section 75 Town and Country Planning Act 1990 Material Change of Use

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Peel Land and Property Investments PLC

Claimant

Hyndburn Borough Council

Defendant

Blackburn with Darwen Borough Council

Interested Party

Burnley Borough Council

Interested Party

Capital and Regional Property Management Limited

Interested Party

The Mall Limited Partnership, Mall Nominee One Limited and Mall Nominee Two Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether later planning permissions triggered provisos in s106 agreements to remove retail restrictions
  2. 2 Whether the permissions granted amounted to a material change of use or erection of new retail units
  3. 3 Proper construction of planning permissions and scope of s75(2) and (3) Town and Country Planning Act 1990

Ratio Decidendi

The later planning permissions, properly construed, did not grant a material change of use or the erection of new retail units so as to trigger the provisos in the s106 agreements. The permissions were for specific building operations, not for unrestricted A1 retail use. The court had jurisdiction to determine the claim despite the statutory appeal process, but on the merits, Peel's claim failed as the s106 restrictions remained in force.

Court Disposition

Claim dismissed

Orders

  • Judicial review refused
  • Declaratory relief refused