The Supreme Court has blocked Peel Group’s attempts to bring food and fashion retailers to its out-of-town retail park near Blackburn.
The court upheld a decision not to allow John Whittaker’s company to change the use of Whitebirk retail park beyond its existing bulky goods consent.
Peel Group has been accused of attempting to “circumvent town-centre-first policy” with the application, as the scheme was viewed as a direct threat to Blackburn town centre.
It applied in February to hear its appeal after its application was rejected by both the High Court and the Court of Appeal.
But Britain’s highest court has now refused the right to appeal the rulings on the grounds that the case does not raise a point of law of general public importance.
The decision has been welcomed by Capital & Regional, which owns the Mall Blackburn, a town centre scheme which objected to Peel’s plans.
The company’s executive director Mark Bourgeois said: “We welcome the Supreme Court’s ruling which, unsurprisingly, upholds the previous decisions made by both the Court of Appeal and the High Court. This ruling once and for all closes a loophole designed to circumvent town-centre-first policy and provides reassurance that town centre investment will be supported and protected.”
jack.sidders@estatesgazette.com
