Mixed-use redevelopment plans for a neglected area of Brighouse in Yorkshire moved to London’s Court of Appeal today – delaying the scheme for at least three months.
Two of the country’s top judges granted developer Younger Homes permission to appeal against a High Court ruling in November of last year in which the developer’s challenge to the scheme had been rejected.
Deputy prime minister John Prescott, in his role as first secretary of state responsible for planning matters, granted outline planning permission for the scheme last year.
The scheme is planned for 9.88 acres (4ha) of land bounded by Huddersfield Road, Bridge Road, the River Calder and the Calder and Hebble Navigation.
It comprises 72,551 sq ft (6,740 sq m) of Class A1 retail, 2,530 sq ft (235 sq m) of Class A3 retail, a public swimming pool, 350 parking spaces, a pedestrian footbridge and a new road bridge.
Younger Homes asked Mr Justice Ouseley to quash the outline permission, arguing that the environmental impact of the scheme had not been properly investigated.
Younger is the owner of Sugden’s Mill, a significant part of the site, which it intends to develop for principally housing purposes.
It is concerned that the present planning permission will become the basis for compulsory purchase of its interests.
Today, two of the country’s top judges agreed to send November’s High Court ruling against Younger Homes to the Appeal Court.
Granting Younger permission to appeal the Judge’s decision, Lord Justice Maurice Kay, who was sitting with Sir Martin Nourse, said although the challenge sought to be made was on matters of procedure he was satisfied that Younger had “a real prospect of success”.
He said Younger should be permitted to argue that documentation produced by the council did not “reach the quality necessary for the status of a screening opinion”.
The appeal is likely to be dealt with at a full Court of Appeal hearing within the next three months.
References: EGi News 18/02/04
