A developer has lost a High Court battle to build 96 homes on the site of a former sewage treatment works in
Judge Holgate QC dismissed the challenge of St Albans-based developer Unicoin Homes Group to a government inspector’s refusal of planning permission for the scheme.
Unicoin had applied, in March 2007, to Dartford council for permission to build the scheme at the Arjo Wiggins Paper Mill on Priory Road.
However, to the north-east of the proposed scheme lay a GlaxoSmithKline site which had consent to store hazardous chemicals.
As a result, on 27th June 2007, the council refused permission on the grounds that the risks represented by the chemical storage plant were “unacceptable”.
On 4 February 2008, dismissing Unicoin’s appeal against refusal, an inspector appointed by the Secretary of State for Communities and Local Government agreed with the council.
Challenging that decision in the High Court, Unicoin argued that the inspector had used the incorrect test to assess the risks of hazardous substances to the proposed site, had relied on a Health & Safety Executive (HSE) analysis which overestimated the level of residual risk, and had insufficiently considered the availability of HSE safety controls.
Judge Holgate QC dismissed the challenge on all grounds and ordered Unicoin to pay the costs of the Secretary of State.
