Clacton Common Developments Ltd (CCDL) has failed in a High Court move to block Freeport Leisures proposed 300,000 sq ft leisure and factory outlet centre at Braintree, Essex.
Deputy judge George Bartlett QC has dismissed an application by CCDL for judicial review of Braintree District Councils grant of planning consent for Freeports scheme. CCDL is behind a similar project at Clacton Common, which is within a 30-mile radius of the Braintree scheme. The Clacton scheme is for 120,000 sq ft.
The case is the first in which factory outlet developers have sought to use the law to delay or obstruct rival schemes.
The judge said that he did not consider that CCDL had the legal standing to seek judicial review of the Braintree scheme, and dismissed the challenge.
He said he considered the planning consent had been properly granted and rejected a submission that planning policies had not been followed. Moreover, he did not believe that there had been any error in law as far as consideration of need was concerned.
R v Braintree District Council, ex parte Clacton Common Developments Ltd QBD: Crown Office List (Mr George Bartlett 24/11/98
Keith Lindblom QC and Hereward Phillpott (instructed by Denton Hall) appeared for Clacton Common Developments Ltd; Gregory Stone QC (instructed by Holmes & Hills, of Braintree) appeared for Braintree District Council; Anthony Dinkin QC (instructed by Titmuss Sainer Dechert) appeared for Freeport Leisure.
PLS News 26/11/98
