John Hindle’s Manchester-based developer Brookhouse Group has failed to prevent a rival scheme from revamping a prime 14-acre site in
Brookhouse, which is seeking planning permission for a £100m, 24-storey mixed-use tower, with 20,000 sq ft of offices, 65 flats, a hotel and a food store on the
In December 1999, Countryside, in a joint venture with Lancaster-based supermarket chain Booths, was granted outline consent for the erection of a 6,735 sq m superstore.
In October 2000, following a request by Countryside, the consent was amended to include “other town centre uses and residential units”.
Countryside subsequently made an application for “approval of reserved matters” that included the erection of the superstore and 605 one- and two-bedroom flats in four blocks ranging from 10 to 18 storeys.
Brookhouse challenged the council’s approval of those matters in February 2006. It argued that the approval for 605 flats had been an impermissible and unlawful extension of the outline planning consent that had already been granted, which allegedly stated that the residential element of the scheme was subsidiary to the superstore.
Dismissing Brookhouse’s challenge, Burton J said that he was “entirely satisfied that there is no arguable case that the reserved matters approval exceeds the outline planning permission”.
Asking for a costs order against Brookhouse, Countryside’s counsel, Robin Purchas QC submitted that the challenge was a “naked spoiling objection by a rival developer” – a claim that Brookhouse’s barrister, John Barrett, denied.
Granting Countryside a proportion of its costs, Burton J said that Brookhouse’s case had “no chance of success” and had been a “last throw of the dice” to protect its commercial interests.
R (on the application of Brookhouse Group Ltd) v
John Barrett instructed by (JMW Solicitors) appeared for the claimant; David
