High Court dismisses judicial review of large warehouse, citing council’s planning errors but claimant’s delay

A High Court judge has dismissed a judicial review concerning the construction of a substantial warehouse near residential properties, while simultaneously criticizing a local council for numerous planning mistakes. Residents residing on Hooke Close in Corby initiated the legal challenge, following North Northamptonshire Council’s approval of the warehouse after mistakenly consulting an incorrect street. Mrs Justice Lang, the presiding judge, determined that although the council’s actions had “fallen well below the standard to be expected,” the legal claim itself was not submitted within the required timeframe. Georgie Wallis, a resident and the primary applicant in the review, stated that the application was filed due to “a complete failure to consult residents.” The council granted permission for this development in 2022. However, the council only became aware of an error after residents raised concerns about the 60ft (18m) metal structure being erected adjacent to their residences. Planning officials had dispatched notices to Hubble Road, located approximately half a mile (800m) from the development site, rather than to Hooke Close. Furthermore, planning notices were affixed to incorrect lampposts. An internal investigation conducted earlier this year concluded that the decision to approve planning permission for the development on the former Weetabix factory site was not in accordance with the law. Following the commencement of work last year, residents brought their case to the High Court in London to challenge the decision. The judge noted that although the claimant possessed a “good reason” for the initial postponement in initiating proceedings—namely, the council’s failure to dispatch consultation letters—they subsequently “unreasonably delayed” submitting the judicial review claim for an additional three months. Even though the application was denied, the judge emphasized a “strong public interest in the competent and lawful processing of planning applications by local planning authorities.” She further stated that the council had “fallen well below the standard to be expected” but found its “willingness to investigate its failings” to be “encouraging.” Council leader Jason Smithers expressed approval of the court’s ruling and indicated that valuable lessons would be drawn from the errors made. He commented, “We have gone through a full and thorough internal investigation to help us learn from this case and a planning improvement board has been established as part of this process.” For updates on Northamptonshire news, follow BBC Sounds, Facebook, Instagram, and X. Copyright 2024 BBC. All rights reserved. The BBC bears no responsibility for the content found on external websites. Information regarding our approach to external linking is available.