A High Court judge has quashed the planning permission for a redevelopment scheme as it determined that the application should have been subject to Environmental Impact Assessment (EIA) legislation.
Proposed by the Duke of Northumberland for the town centre of Prudhoe and approved by the former Tynedale District Council, now part of the unitary Northumberland County Council, the £30m project included a new Sainsbury’s store, a multi-storey car park and more than 150 new homes. However, the proposals were the subject of a legal challenge by the Co-operative Group which has a store in the North East town. It argued that an environmental impact assessment (EIA) of the scheme should have been undertaken.
Following the judgment, Richard Robson, the county council’s executive director of place, said: “The council is disappointed with the ruling. However, we will continue with our discussions on how to improve Prudhoe town centre, for the benefit of residents, businesses and visitors.” Robson was chief executive of the former district council when it approved the mixed-use development.
The Co-operative Group Limited applied for a judicial review of the decision of the former Tynedale District Council to grant full planning permission for a mixed retail office and residential development at land off Front Street and Station Road, Prudhoe, and outline permission for residential development and the relocation of the United Services Club.
The Co-op claimed that the scheme was one to which the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 applied and that an EIA ought to have been required before the application for planning permission was considered. The basis of the Co-op’s claim for judicial review was that Tynedale Council had erred in law when it determined that the regulations did not apply and granted planning permission for the development in February 2009.
The judicial review was heard at the Administrative Court in Manchester last month and the judgment was delivered earlier this month.
Link to Planning Portal news item
Link to Northumberland CC article
