Council agrees to quashing of planning permission for free school

A local authority in the North West has agreed to the quashing of planning permission for a free school.

Blackburn with Darwen’s grant of the planning permission for the school had been challenged by local residents amid concerns about parking and traffic congestion.

The Tauheedul trust wants to demolish a former YMCA building in Clarence Street and build a 700-pupil academy.

Legal action was brought by law firm Irwin Mitchell on behalf of local resident Ibrahim Shafi.

The claimant argued that advice to councillors about parking and traffic congestion was incorrect.

A revised planning application had sought to address the traffic issue by turning some of the recreation space into car parking.

Blackburn with Darwen acknowledged a technical error with the original permission and agreed to its quashing by Judge Pelling QC in the High Court.

Andrew Lightfoot, the local authority’s deputy chief executive, said: “The council agreed to a consent order for the quashing of the planning consents solely on the basis of a technical point.

“The court has approved the consent order and it is expected that the applicant will re-apply, in which case the council will ensure that any issues relating to the planning process are addressed before consideration."

Justin Neal of Irwin Mitchell, who acted for Shafi, said: “The council has said the key legal point was ‘technical’. That may be true when it comes to legal procedure, but how much space children should have to play in is fundamental. 

“As the highways department was concerned about traffic, the developer agreed to give up pupil-space for car parking. If the site area earmarked must be used for outdoor space, cars will have to park on the street.”

Neal added: “The council will need to reconsider the rationale of locating a school where there is insufficient space and parking has reached saturation.”

The claimant said he supported the trust’s plans to open a school, but argued that it was “in the wrong place”.