The High Court is being asked to decide whether two separate planning consents for the same plot of land are capable of being implemented together.
The land in question is a 12,349 sq m plot at Bentley Bridge Park, Wednesfield. The two separate consents make provision, among other things, for a public house, a diner, a fast-food outlet, a petrol station retail store and a public open space.
Black Country Properties is arguing that, in the light of development that has already taken place, consents are capable of joint implementation.
However, Wolverhampton Metropolitan Borough Council, opposing the application, say that there can be no doubling-up of the floorspace in the two applications.
The hearing continues.
Black Country Properties Ltd and another v Wolverhampton Metropolitan Borough Council Chancery Division (Judge Havery QC), 23/11/98
Malcolm Spence QC and Morag Ellis (instructed by Freshfields) appeared for the plaintiffs; Timothy Straker QC (instructed by Pinsent Curtis) appeared for the defendants
PLS News 24/11/98
