Holdings & Barnes plc has been given the High Court go-ahead to challenge refusal of planning consent for the relocation of its vehicle salvage company on Canvey Island, Essex.
The company contends that the local planning authority consider the storage of damaged cars on the current site at Charfleet Road unsightly, and are keen for a relocation to new premises off Haven Road.
However, Holding & Barnes claims that the Environment Department has wrongly taken its planning application out of the local authority’s hands and called it in to deal with the matter itself.
Kevin Leigh, for the company, argued that in doing this, Environment Minister John Prescott failed to abide by his own policy regarding when it is appropriate to “call in” planning applications.
Mr Leigh suggested that Mr Prescott’s decision to call in the planning application may have been influenced by representations made on behalf of constituents by local MP Christine Butler.
Granting consent to the challenge, Deputy High Court Judge David Pannick QC said he considered that the company’s complaints were “arguable”.
R v Secretary of State for the Environment, Transport and the Regions, ex parte Holding & Barnes plc Queen’s Bench Division (Mr David Pannick QC, sitting as a deputy judge of the division) 15 September 2000.
PLS News 25/9/00