Derwent Holdings has lost a legal battle with rival North West developer Citybranch over a
Yesterday, deputy high court judge Mark Ockelton dismissed an application by Derwent for permission to challenge the decision of Trafford council to give the go-ahead for Citybranch’s 47,000 sq ft Sterling Green office scheme at
On 1 August 2008, the council granted Citybranch subsidiary Manchester Syndicates permission for the scheme.
On 31 October, Derwent, which is owned by Isle of Man-based tycoon Albert Gubay, sought to challenge that decision on the grounds that the council had failed to take into account the affect on amenity of its neighbouring development, had not consulted Derwent on the proposals, and had breached natural justice and Derwent’s property rights.
The council and MSL argued that the grounds of challenge were unarguable and, in any event, should be dismissed on the ground of delay.
Dismissing the challenge the deputy judge agreed that Derwent’s claim was unarguable and, in any event, had not been made “promptly” and was therefore “out of time”.
