Peel Holdings has begun an appeal in a planning row in which MP Jack Straw accused it of legal subterfuge.
Peel is asking the Court of Appeal to overturn Judge Waksman’s refusal to grant a judicial review of Hyndburn borough council’s rejection of its plans for a £16m redevelopment of Whitebirk retail park in Blackburn.
The Manchester-based investment company wants to revamp the 265,000 sq ft scheme, which is limited to bulky goods trading, and introduce fashion and food retailers. Its initial plans were thrown out after a public inquiry in 2008.
Since then, Peel has secured a number of planning consents permitting works to shops at the park. It claims these have the effect of negating section 106 obligations,which restrict the types of goods that can be sold there.
It says that the five units affected could therefore be redeveloped for unrestricted A1 retail use.
In a House of Commons debate last year, Straw, who represents Blackburn, accused Peel of “legal subterfuge” and “calculated deceit”. The former home and foreign secretary claimed that the developer had disguised its true intentions when making the minor planning applications.
In October, Judge Waksman QC ruled in favour of the council that the planning permissions did not have the effect claimed by Peel.
Christopher Katkowski QC said that the permissions undoubtedly gave his client the right to develop, but that the court must decide whether they gave the right to use the resultant units. If so, he said, the appeal should be allowed.
The appeal hearing is expected to last two days.
