Planning permission rescinded in Birmingham before threatened judicial review

“Birmingham City Council is to revoke planning permission for a supermarket after admitting it made an error and facing a threatened judicial review.

The dispute over a proposed Lidl store at Stirchley saw a local group gain pro bono help from the Environmental Law Foundation to pursue the case.

Birmingham’s assistant director for planning and regeneration Ian MacLeod said: “A planning application to redevelop the Fitness First gym and Stirchley Ten Pin Bowling site for a food store was made by Lidl in 2016.

The application was presented to the planning committee in December, when it decided to grant planning permission for the new store, subject to the completion of a legal agreement securing funding for local environmental/public realm improvements. The planning permission was issued last month.

“A legal challenge has been mounted against the council’s decision, based around the application of planning policy with respect to sporting/leisure facilities.

“Regrettably, the council accepts that a mistake was made and so the challenge has strong merit and it will not resist the claim. As such, the planning consent will be revoked shortly and it is anticipated that the council will re-consider the application in due course, including returning to the planning committee for a new decision.”

Local campaigners had objected to the loss of the gym and bowling facilities, saying the nearest alternatives were some four miles away. They also said more than 670 jobs would be lost and traffic problems would result from the store’s presence.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=30474%3Acouncil-rescinds-planning-permission-following-procedural-mistake&catid=63&Itemid=31

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  1. Pingback: Threat of Judicial Review can work « SEATON & COLYTON MATTERS

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