Developer takes borough to High Court over restrictions on retail park use

One of the country’s largest developers has launched judicial review proceedings against a local authority in a battle over restrictions on the types of retailers that can occupy a retail park.

The case between Peel Holdings and Hyndburn Borough Council over the use of Whitebirk Retail Park will be heard in the High Court between 3-5 October.

The company wants to attract larger stores to the site, but the council’s planning committee has refused to lift conditions.

The restrictions were intended to protect shops in the town centres of Blackburn and Accrington.

According to the BBC, Peel has submitted 29 successful planning applications to the council since 2007, when the committee refused to remove the restrictions.

The report said Peel had argued that the cumulative effect of these applications meant it was no longer bound by the restrictions.

In a statement, Peel said it had begun legal proceedings in respect of the authority’s “refusal to confirm its position in respect of whether restrictions over the types of retailers which can occupy Whitebirk Retail Park will continue to apply when various planning permissions are implemented”.

The company added: “Peel is wholeheartedly committed to investing £16m into Whitebirk Retail Park, which is in desperate need of modernisation and a wider retail offer – a view that is also shared by local people who overwhelmingly support the plans.

“Our proposed investment will provide a genuine local alternative to modern retail parks in Preston and Bolton and create at least 250 additional jobs. This will clearly help support the economy of Hyndburn during these difficult economic times.”   

The council declined to comment on the case.