The developer behind a £10m rugby academy in Bridgend, Wales, has won the first round in a legal dispute with the local planning authority.
The High Court has given Island Farm Development permission to bring a judicial review action following Bridgend County Borough Council’s refusal to sell it a 33.5 acre plot that is necessary for the state-of-the-art training complex.
Deputy Judge Michael Supperstone QC ruled that allegations made by Island Farm and its parent company, Macob Holdings, that the council’s decision had been unlawfully predetermined were “arguable”.
Plans for the Welsh Rugby Union centre on a former prisoner-of-war camp at Island Farm were halted by the council in January 2005. Macob had offered £2.75m for the required land but, following local elections in June 2004, the new council had decided to keep the site.
Macob claims that three councillors (Bob Burns, Cheryl Green and Peter Foley) should have declared an interest and declined to take part in the committee meeting that made the decision not to sell.
A further allegation that the officers’ advice to the meeting was flawed will also be judicially reviewed at a full High Court hearing, possibly in December.
In a statement, Macob said that the academy was now “a step nearer”. Chief executive Phil Morgan said: “In challenging the council’s decision, it will be asking the court and the district auditor to look into the conduct of individual councillors and officers.”
However, the council deny that the councillors had unlawfully “predetermined” the issue.
R (on the application of Island Farm Development Ltd and others) v Bridgend County Borough Council Administrative Court (Michael Supperstone QC, sitting as a deputy judge of the division) 19 September 2005.
References: EGi Legal News 20/09/05
