The owner of a Lancashire shopping centre has launched a court claim that a planning condition aimed at protecting it may be powerless to prevent its tenants from moving to a new retail development close by.
The owner of the Concourse Shopping Centre in Skelmersdale fears it may lose anchor tenants Home Bargains and Wilko to St Modwen’s development, which is also in Skelmersdale town centre and for which planning permission was granted last June.
It says that a report commissioned by West Lancashire Borough Council prior to the decision also indicated that Poundland, Poundworld, Argos, Peacocks, Superdrug and New Look might be interested in the new development.
The authority imposed a condition seeking to bar any tenant of the Concourse (with a retail floorspace there of more than 250 sq m) from taking floorspace at the new site within 12 months, except in the case of a five-year commitment to also remain at the Concourse.
However, the Skelmersdale Limited Partnership, owner of the Concourse, says that this condition is unlawful, unworkable, and does not protect its interests or the vitality and viability of the town centre.
It is seeking to persuade Mr Justice Jay to quash the decision, and order the council to reconsider.
The authority maintains that the condition is effective and can be straightforwardly enforced.
It says that the development – which will include a foodstore, other retail units, a cinema and restaurants – will help address the town’s weak and declining range of retail, and the priority need for regeneration.
R (on the application of Skelmersdale Limited Partnership) v West Lancashire Borough Council Planning Court (Jay J) 19 January 2016
