A nightclub operator’s objection to a Windsor housing scheme being built next to one of its venues has been thrown out by the High Court.
Luminar Leisure, the UK’s largest nightclub operator appealed a decision by the first secretary of state’s inspector to allow the development to proceed.
J Isaacs Developments plans to build 22 flats and six houses on the site, which is situated next to Luminar’s Liquid Nightclub in Windsor, Berkshire.
Luminar objected to the development on the ground that its closeness could restrict the nightclub’s operation because of potential noise complaints from residents.
The inspector disagreed and found that as long as acoustic insulation was provided, the existing use of the nightclub would be able to continue.
Sullivan J said that there was “no lack of clarity whatsoever in the inspector’s reasoning”.
Luminar, which operates venues including Chicago Rock Café, Liquid, and Jumpin Jaks, has been valued at £450m.
Luminar Leisure Ltd v First Secretary of State and others Administrative Court (Sullivan J) 8 November 2006.
Jonathan Powell (instructed by Field Fisher Waterhouse LLP) appeared for the claimant; Sarah-Jane Davies (instructed by the Treasury Solicitor) appeared for the first defendant; Mark Lowe QC (instructed by Wragge & Co, of Birmingham) appeared for the second defendant.
References: EGi Legal News 08/11/06
