A proposal to develop the Harley brewery site in Ulverston, which is within a designated conservation area which was the subject of a legal challenge has been quashed.
Bob Kindred, IHBC’s Education Committee vice chair and Research consultant, writes:
The High Court (HHJ Waksman QC) has quashed planning permission and conservation area consent for the redevelopment of the Hartley’s brewery complex in Ulverston, South Lakeland (Hughes v South Lakeland DC [2014] EWHC 3979 (Admin), 28 November 2014). The decision adds to the growing number of planning decisions overturned on the basis of a failure to have regard to the statutory priority for the protection of heritage assets in sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990. The brewery site was within, and considered to make a contribution towards, the Ulverston Conservation Area.
The Judge also considered that the local planning authority’s screening exercise was legally unsound, but would have refused to exercise his discretion to quash the permission on this point, concluding that the outcome of the screening opinion would have been the same (paragraph 45). He dismissed the other grounds, notably on retail policy. On the heritage ground, the Judge considered there to be ‘no conceivable basis’ for the Court not to exercise its discretion against quashing the decisions given the centrality of the issue of harm to heritage assets and the narrowness of the vote by the Planning Committee (paragraph 60).
Lakeland (Hughes v South Lakeland DC [2014] EWHC 3979 (Admin), 28 November 2014).
View ‘Keep Ulverston Special’ information
View ‘Ulverston Progress’ information
View South Lakeland District Council’s website
View an article on the North West evening mail website ‘Last legal hurdle cleared for Ulverston supermarket proposal’
