The High Court has ruled that two separate planning consents for the same plot of land are not capable of being implemented together.
The land in question is a 12,349 sq m plot at Bentley Bridge Park, Wednesfield. The two consents under challenge provided, among other things, for a public house, diner, fast food outlet, petrol station, retail store and a public open space.
Black Country Properties Ltd argued that, in the light of development that had already taken place, both consents were capable of implementation together.
However, Wolverhampton Metropolitan Borough Council, which opposed the application successfully argued that there could be no doubling up of floor space in the two applications
Black Country Properties Ltd & another v Wolverhampton Metropolitan Borough Council, Chancery Division (Judge Havery QC), December 4 1998
Malcolm Spence QC and Morag Ellis (instructed by Freshfields) appeared for the plaintiffs; Timothy Straker QC (instructed by Pinsent Curtis) appeared for the defendant.
