Peel Land and Property Investments Plc, R (on the application of) v Blackburn With Darwen Borough Council & Ors

Peel Land and Property Investments Plc, R (on the application of) v Blackburn With Darwen Borough Council & Ors

The later planning permissions did not trigger the provisos in the s106 agreements, did not create a new chapter in planning history, and section 75 did not apply to confer unrestricted A1 retail use. The s106 restrictions remain in force. Declaratory relief is refused.

Parties
Claimant: Peel Land and Property Investments PLC; Defendant: Hyndburn Borough Council; First Interested Party: Blackburn with Darwen Borough Council; Second Interested Party: Burnley Borough Council; Third Interested Party: Capital and Regional Property Management Limited; Fourth 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, Planning Permissions, Certificates of Lawful Development, Interpretation of Planning Provisos
Planning Law Administrative Law Section 106 Agreements Planning Permissions Certificates of Lawful Development Interpretation of Planning Provisos

Case Brief

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Parties

Peel Land and Property Investments PLC

Claimant

Hyndburn Borough Council

Defendant

Blackburn with Darwen Borough Council

First Interested Party

Burnley Borough Council

Second Interested Party

Capital and Regional Property Management Limited

Third Interested Party

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

Fourth 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 section 75 of the Town and Country Planning Act 1990 applied to confer unrestricted A1 retail use
  3. 3 Whether the planning permissions created a 'new chapter' in planning history

Ratio Decidendi

The later planning permissions did not trigger the provisos in the s106 agreements, did not create a new chapter in planning history, and section 75 did not apply to confer unrestricted A1 retail use. The s106 restrictions remain in force. Declaratory relief is refused.

Court Disposition

Claim dismissed