A supermarket redevelopment of a former brewery in Cumbria has been placed in doubt after a judge quashed the planning permission.
Judge Waksman QC ruled that South Lakeland district council failed to apply the presumption in favour of preserving and enhancing the surrounding conservation area when it approved the demolition of existing buildings and construction of a supermarket and retail/office building, under s72 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.
He allowed the judicial review challenge brought by Gillian Hughes, who lives only 200m from the former Hartley’s Brewery in Ulverston, and is a member of campaign group Keep Ulverston Special.
Though he rejected most of her grounds of challenge, he found that a planning officers’ report and the decision based upon it were flawed as a result of a failure to apply the presumption.
He said: “The whole issue of harm to, and preservation of the heritage assets constituted by the Old Brewery was a major part of the planning debate.
“Given that, and the fact of a bare majority voting to grant permission, it is quite impossible to say that even with the application of the presumption, the result would have been the same. The permission must therefore be quashed on this ground.”
The Queen on the application of Hughes v South Lakeland District Council Planning Court (Judge Waksman QC) 28 November 2014
Ned Westaway (instructed by Richard Buxton Environmental and Public Law Solicitors) for the claimant
Jonathan Easton (instructed by Legal Services Group, South Lakeland District Council ) for the defendant
David Manley QC (instructed by DLA Piper UK LLP Solicitors) for the interested parties