Blackburn retail park fails in latest legal appeal

This Is Lancashire: MP Jack Straw MP Jack Straw

PROPERTY developers Peel Holding have lost the latest round of their legal battle to expand its Whitebirk Retail Park on the Blackburn-Rishton border.

Three Court of Appeal judges dismissed its appeal against Hyndburn council’s refusal to allow it to include food and fashion stores.

Blackburn MP Jack Straw described the decision as a ‘humiliation’ for Peel and urged it to drop a bid to take the case to the UK’s Supreme Court.

The company wanted to overturn the original planning restriction permitting the sale of only bulky and electrical goods .

The senior judges found against Peel saying: “This court does not usually hear the whole case all over again. This appeal seemed more like a re-hearing of the entire case than a review of the High Court judgment.”

Mr Straw said: “This is an overwhelming victory for Hyndburn, Blackburn, Burnley and The Mall and a humiliation for Peel. A High Court judge and three appeal judges have now found against one of the most single-minded developers in the country.

“I would urge Peel to end this expensive legal saga and drop its plans to take the case to the Supreme Court.”

A spokesman for the company said: “Peel are naturally very disappointed with the outcome of the Court of Appeal.

“Peel will be seeking leave to appeal the decision to the Supreme Court at the earliest opportunity.”

A Hyndburn council spokesman said: “We welcome the decision of the Court of Appeal.

“The council is willing to work with Peel Investments to ensure the centre is developed in a manner consistent with national and local planning policies but also in and open and transparent manner.”

Mark Bourgeois, of Mall owners Capital & Regional, said: “This is a good decision for town centres throughout the UK. This ruling marks an important precedent and closes a loophole designed to circumvent town centre first policies.”

Blackburn with Darwen councillor deputy leader Andy Kay said: “We are very pleased with the decision. This is an extremely important victory for both our town centres.

“The court has been clear that we have a justified case and we hope Peel finally accepts that their application is legally flawed.

“We are committed to the regeneration of both centres, so clearly we had to fight Peel.”

Comments (31)

Please log in to enable comment sorting

1:13pm Fri 20 Dec 13

Johnh1995 says...

So yet again Blackburn Council blocks another company from expanding an out of town location. Why I ask.? Blackburn towbn centre is nothing special with difficulties with the road system and parking charges. They even blocked Preston from improving their town. People want out of town locations like the Trafford Centre or Cheshire Oaks and will drive to these locations and be happy with free parking.
So yet again Blackburn Council blocks another company from expanding an out of town location. Why I ask.? Blackburn towbn centre is nothing special with difficulties with the road system and parking charges. They even blocked Preston from improving their town. People want out of town locations like the Trafford Centre or Cheshire Oaks and will drive to these locations and be happy with free parking. Johnh1995

2:50pm Fri 20 Dec 13

A Darener says...

I go into Blackburn town centre maybe once a year and then only if I must. Most of my shopping is done out of town, Capitol centre, Boundary mill, Ossie mills etc. Anywhere without a parking charge, with easy access. The Peel centre would be ideal for a variety of shopping experiences, clothes, shoes, eating places etc etc.
Get it built soon! Good luck Peel in your appeal, ignore the dinosaurs in Blackburn and Hyndburn.
I go into Blackburn town centre maybe once a year and then only if I must. Most of my shopping is done out of town, Capitol centre, Boundary mill, Ossie mills etc. Anywhere without a parking charge, with easy access. The Peel centre would be ideal for a variety of shopping experiences, clothes, shoes, eating places etc etc. Get it built soon! Good luck Peel in your appeal, ignore the dinosaurs in Blackburn and Hyndburn. A Darener

2:54pm Fri 20 Dec 13

Bat E Karen says...

I like shopping in Blackburn now. I think there's a good range of shops and you don't have to walk far outside when it's cold and rainy.

We used to Christmas shop at Deepdale or Bolton when the kids were little, but now they've improved Blackburn, I prefer to stay local.
I like shopping in Blackburn now. I think there's a good range of shops and you don't have to walk far outside when it's cold and rainy. We used to Christmas shop at Deepdale or Bolton when the kids were little, but now they've improved Blackburn, I prefer to stay local. Bat E Karen

2:57pm Fri 20 Dec 13

Lancs - pensioner says...

Tescos Asda, Peel Park all have one thing in common, FREE Parking, now that's why both councils don't like these places.
Tescos Asda, Peel Park all have one thing in common, FREE Parking, now that's why both councils don't like these places. Lancs - pensioner

3:07pm Fri 20 Dec 13

A Darener says...

Lancs - pensioner wrote:
Tescos Asda, Peel Park all have one thing in common, FREE Parking, now that's why both councils don't like these places.
Exactly. Why should you pay to spend money?
[quote][p][bold]Lancs - pensioner[/bold] wrote: Tescos Asda, Peel Park all have one thing in common, FREE Parking, now that's why both councils don't like these places.[/p][/quote]Exactly. Why should you pay to spend money? A Darener

3:42pm Fri 20 Dec 13

paperboy70 says...

Keep going Peel... the public want this retail park redeveloped, we're sick of battling with the ridiculous one way system in Blackburn and why should The Mall have the monopoly on shops and charging for parking.
Keep going Peel... the public want this retail park redeveloped, we're sick of battling with the ridiculous one way system in Blackburn and why should The Mall have the monopoly on shops and charging for parking. paperboy70

3:55pm Fri 20 Dec 13

eastlancslad says...

No problem with retail parks, just don't build them on green field sites.
No problem with retail parks, just don't build them on green field sites. eastlancslad

4:15pm Fri 20 Dec 13

easypeasy says...

paperboy70 wrote:
Keep going Peel... the public want this retail park redeveloped, we're sick of battling with the ridiculous one way system in Blackburn and why should The Mall have the monopoly on shops and charging for parking.
Yes totally agree. At the moment this eyesore is run down & dilapidated with nothing to offer. Get it developed into a thriving retail park Jack Straw is in the dark ages he doesnt even live in the town. Roll over Jack & crawl into the gutter were you belong. Oh, but if it was developing Whalley Range Shopping Area Jack would be behind them all the way (as usual).
[quote][p][bold]paperboy70[/bold] wrote: Keep going Peel... the public want this retail park redeveloped, we're sick of battling with the ridiculous one way system in Blackburn and why should The Mall have the monopoly on shops and charging for parking.[/p][/quote]Yes totally agree. At the moment this eyesore is run down & dilapidated with nothing to offer. Get it developed into a thriving retail park Jack Straw is in the dark ages he doesnt even live in the town. Roll over Jack & crawl into the gutter were you belong. Oh, but if it was developing Whalley Range Shopping Area Jack would be behind them all the way (as usual). easypeasy

4:16pm Fri 20 Dec 13

drunken donut says...

Move it to the Ribble Valley, the council there will pass anything.
Move it to the Ribble Valley, the council there will pass anything. drunken donut

4:34pm Fri 20 Dec 13

sugar is sweet says...

Blackburn is in dire need of an out of town major shopping centre, hotel and entertainment complex. Why should we travel to the Trafford centre and the like, when we should have one on our doorstep.
Backward thinking from the council once again.
Blackburn is in dire need of an out of town major shopping centre, hotel and entertainment complex. Why should we travel to the Trafford centre and the like, when we should have one on our doorstep. Backward thinking from the council once again. sugar is sweet

4:52pm Fri 20 Dec 13

Venomp says...

LT Rishton is in HYNDBURN
LT Rishton is in HYNDBURN Venomp

4:54pm Fri 20 Dec 13

CorkyMac says...

Peel, want to get some public support behind them, like the feedback on here for a start. People power needs to take power back from the so called corrupt councils that only serve to help themselves.
Peel, want to get some public support behind them, like the feedback on here for a start. People power needs to take power back from the so called corrupt councils that only serve to help themselves. CorkyMac

5:15pm Fri 20 Dec 13

FakeVilla_MTCabinet says...

Just tell em you'll put an onion on top of it, Bingo bango bongo, in fact just build it as, if there is an onion on top of it, you don't need planning permission and if anyone complains, you get it retrospectively without any considerations for parking or local residents views anyway. Sorted
Just tell em you'll put an onion on top of it, Bingo bango bongo, in fact just build it as, if there is an onion on top of it, you don't need planning permission and if anyone complains, you get it retrospectively without any considerations for parking or local residents views anyway. Sorted FakeVilla_MTCabinet

5:35pm Fri 20 Dec 13

Michael@ClitheroeSince58 says...

drunken donut wrote:
Move it to the Ribble Valley, the council there will pass anything.
I wish they would it would be great to have a big retail park close to home
[quote][p][bold]drunken donut[/bold] wrote: Move it to the Ribble Valley, the council there will pass anything.[/p][/quote]I wish they would it would be great to have a big retail park close to home Michael@ClitheroeSince58

6:24pm Fri 20 Dec 13

POW WOW says...

The only muppets making the retail park an eyesore are the bearers of the constraints in other words the local councils for their rip off parking fees !!!!!!!
The only muppets making the retail park an eyesore are the bearers of the constraints in other words the local councils for their rip off parking fees !!!!!!! POW WOW

6:54pm Fri 20 Dec 13

phil kernot says...

Why would thay say don't appeal to the high court because thay know there in the right , whats up with business compatition better fir the consumer isn't it ..
Why would thay say don't appeal to the high court because thay know there in the right , whats up with business compatition better fir the consumer isn't it .. phil kernot

7:07pm Fri 20 Dec 13

adamdesk says...

Mr Straw retired? he should relax rather then getting tensed over business matters
Mr Straw retired? he should relax rather then getting tensed over business matters adamdesk

7:22pm Fri 20 Dec 13

atkinson1962 says...

FakeVilla_MTCabinet wrote:
Just tell em you'll put an onion on top of it, Bingo bango bongo, in fact just build it as, if there is an onion on top of it, you don't need planning permission and if anyone complains, you get it retrospectively without any considerations for parking or local residents views anyway. Sorted
An Islamic school in Blackburn springs to mind.
[quote][p][bold]FakeVilla_MTCabinet[/bold] wrote: Just tell em you'll put an onion on top of it, Bingo bango bongo, in fact just build it as, if there is an onion on top of it, you don't need planning permission and if anyone complains, you get it retrospectively without any considerations for parking or local residents views anyway. Sorted[/p][/quote]An Islamic school in Blackburn springs to mind. atkinson1962

7:24pm Fri 20 Dec 13

woolywords says...

Nowhere, in any of the detractors quoted comments is there a valid reason for raising an objection.

When my neighbours decide to decorate, then let differing people in their home, can I raise an objection, such as is being done here?
Because as far as I can see, the neighbouring councils are operating, as in a cartel, to strangle the expansion plans of an out of town development, in a protectionist attitude, to protect their own developments that are struggling to maintain a decent trading position without substantive rates discounting.
Am sure that many local traders would love to have the same rates, per square foot, that many of the Mall traders enjoy in Blackburn alone.
The truth of the matter is that neither local council stands to make any financial gain from any new development and therefore seeks to stop it.
I defy any council to prove otherwise than what I've stated here.
Nowhere, in any of the detractors quoted comments is there a valid reason for raising an objection. When my neighbours decide to decorate, then let differing people in their home, can I raise an objection, such as is being done here? Because as far as I can see, the neighbouring councils are operating, as in a cartel, to strangle the expansion plans of an out of town development, in a protectionist attitude, to protect their own developments that are struggling to maintain a decent trading position without substantive rates discounting. Am sure that many local traders would love to have the same rates, per square foot, that many of the Mall traders enjoy in Blackburn alone. The truth of the matter is that neither local council stands to make any financial gain from any new development and therefore seeks to stop it. I defy any council to prove otherwise than what I've stated here. woolywords

8:34pm Fri 20 Dec 13

M.DANNY says...

Peel Holding should be allowed to expand only if they expand bulky and electrical business and fast food outlets.
Peel retail park could do with bringing in likes of
IKEA
TOYS R US
DFS
fast food outlets
likes of Burger KIng, Krispie Kreme, Burger King, Starbucks, Harry Ramsden, Nandos, Pizza Hut etc etc
This would boost trade at the retail park at Whitebirk.
I have seen similar retail parks improve their trade with food outlets.
Peel Holding should be allowed to expand only if they expand bulky and electrical business and fast food outlets. Peel retail park could do with bringing in likes of IKEA TOYS R US DFS fast food outlets likes of Burger KIng, Krispie Kreme, Burger King, Starbucks, Harry Ramsden, Nandos, Pizza Hut etc etc This would boost trade at the retail park at Whitebirk. I have seen similar retail parks improve their trade with food outlets. M.DANNY

8:54pm Fri 20 Dec 13

A Darener says...

I thought it had a high class food outlet! Isn't there a burger bar/ caravan at the entrance?
I thought it had a high class food outlet! Isn't there a burger bar/ caravan at the entrance? A Darener

10:57pm Fri 20 Dec 13

shirtbox2003 says...

Blackburn clown hall never stop the Asians from opening shops and markets wherever they want like bennington st,audley range,whalley range,london rd etc.so the best thing for peel to do is let out some units to the Asians and then see what happens.peel are only having trouble because they are trying to go down the right road.i bet if adnan properties owned this site then things would be different.blackburn town centre is finished.
Blackburn clown hall never stop the Asians from opening shops and markets wherever they want like bennington st,audley range,whalley range,london rd etc.so the best thing for peel to do is let out some units to the Asians and then see what happens.peel are only having trouble because they are trying to go down the right road.i bet if adnan properties owned this site then things would be different.blackburn town centre is finished. shirtbox2003

11:28pm Fri 20 Dec 13

Lancs - pensioner says...

adamdesk wrote:
Mr Straw retired? he should relax rather then getting tensed over business matters
He needs one or two more Brown envelopes before he leaves the town HE and Labour turned into a cesspit.
It's obvious Peel don't make Brown envelopes!!
[quote][p][bold]adamdesk[/bold] wrote: Mr Straw retired? he should relax rather then getting tensed over business matters[/p][/quote]He needs one or two more Brown envelopes before he leaves the town HE and Labour turned into a cesspit. It's obvious Peel don't make Brown envelopes!! Lancs - pensioner

11:42pm Fri 20 Dec 13

blackburnwithdarwen says...

Yet another retirement presentation from Jack Straw. But who is he trying to impress? Try to imagine that shortly Jack Straw will have given his ‘Faulty Towers’ safe seat to one of his comrades. I can not help but feel sorry for whoever that person may be. That person will not only have to transform Blackburn but will have to sort out the turmoil that will be left behind. A change really does need to take place within safe seat Blackburn with Darwen.

Please someone, tell me of any improvements that have been made to Blackburn over the past thirty odd years?
Yet another retirement presentation from Jack Straw. But who is he trying to impress? Try to imagine that shortly Jack Straw will have given his ‘Faulty Towers’ safe seat to one of his comrades. I can not help but feel sorry for whoever that person may be. That person will not only have to transform Blackburn but will have to sort out the turmoil that will be left behind. A change really does need to take place within safe seat Blackburn with Darwen. Please someone, tell me of any improvements that have been made to Blackburn over the past thirty odd years? blackburnwithdarwen

2:00am Sat 21 Dec 13

Michael@ClitheroeSince58 says...

This is how it will end, they will win the appeal and the council will change the road plans so its impossible to get to it, mark my words this is what they will do.
This is how it will end, they will win the appeal and the council will change the road plans so its impossible to get to it, mark my words this is what they will do. Michael@ClitheroeSince58

9:37am Sat 21 Dec 13

DMcccc says...

Blackburn and Hyndburn councils along with Jack Straw are behaving like Luddites - they refuse to learn from history. Accept that customers now want out of town shopping with free parking. However much the councils want to develop the town centres it will not succeed - they have been trying for the last 40 years!. Market forces will prevail.
Blackburn and Hyndburn councils along with Jack Straw are behaving like Luddites - they refuse to learn from history. Accept that customers now want out of town shopping with free parking. However much the councils want to develop the town centres it will not succeed - they have been trying for the last 40 years!. Market forces will prevail. DMcccc

12:25pm Sat 21 Dec 13

sean_brfc says...

Bat E Karen wrote:
I like shopping in Blackburn now. I think there's a good range of shops and you don't have to walk far outside when it's cold and rainy.

We used to Christmas shop at Deepdale or Bolton when the kids were little, but now they've improved Blackburn, I prefer to stay local.
How can people give thumbs down for being positive about the town centre? I, too, prefer to shop in Blackburn now than going to Preston, Bolton or the Trafford Centre. It is much better than it was a few years ago. And whoop-de-do, save £2 parking - it costs £20 for petrol to the Trafford Centre. Cheap gets!
[quote][p][bold]Bat E Karen[/bold] wrote: I like shopping in Blackburn now. I think there's a good range of shops and you don't have to walk far outside when it's cold and rainy. We used to Christmas shop at Deepdale or Bolton when the kids were little, but now they've improved Blackburn, I prefer to stay local.[/p][/quote]How can people give thumbs down for being positive about the town centre? I, too, prefer to shop in Blackburn now than going to Preston, Bolton or the Trafford Centre. It is much better than it was a few years ago. And whoop-de-do, save £2 parking - it costs £20 for petrol to the Trafford Centre. Cheap gets! sean_brfc

12:37pm Sat 21 Dec 13

A Darener says...

sean_brfc wrote:
Bat E Karen wrote:
I like shopping in Blackburn now. I think there's a good range of shops and you don't have to walk far outside when it's cold and rainy.

We used to Christmas shop at Deepdale or Bolton when the kids were little, but now they've improved Blackburn, I prefer to stay local.
How can people give thumbs down for being positive about the town centre? I, too, prefer to shop in Blackburn now than going to Preston, Bolton or the Trafford Centre. It is much better than it was a few years ago. And whoop-de-do, save £2 parking - it costs £20 for petrol to the Trafford Centre. Cheap gets!
What do you drive? A tank!
[quote][p][bold]sean_brfc[/bold] wrote: [quote][p][bold]Bat E Karen[/bold] wrote: I like shopping in Blackburn now. I think there's a good range of shops and you don't have to walk far outside when it's cold and rainy. We used to Christmas shop at Deepdale or Bolton when the kids were little, but now they've improved Blackburn, I prefer to stay local.[/p][/quote]How can people give thumbs down for being positive about the town centre? I, too, prefer to shop in Blackburn now than going to Preston, Bolton or the Trafford Centre. It is much better than it was a few years ago. And whoop-de-do, save £2 parking - it costs £20 for petrol to the Trafford Centre. Cheap gets![/p][/quote]What do you drive? A tank! A Darener

9:03pm Sat 21 Dec 13

Pan-cake says...

Note to LT headline writers: the Whitebirk Retail Park is in Hyndburn not Blackburn.
Planning for this site is the responsibility of Hyndburn Borough Council. Blackburn is just an objector to the proposed plans - this, of course, after Blackburn had completed their own out of town Townsmoor retail centre, complete with free parking. Which is all Peel want to do at Whitebirk.
Note to LT headline writers: the Whitebirk Retail Park is in Hyndburn not Blackburn. Planning for this site is the responsibility of Hyndburn Borough Council. Blackburn is just an objector to the proposed plans - this, of course, after Blackburn had completed their own out of town Townsmoor retail centre, complete with free parking. Which is all Peel want to do at Whitebirk. Pan-cake

11:52pm Sun 22 Dec 13

hiddenagendas says...

atkinson1962 wrote:
FakeVilla_MTCabinet wrote:
Just tell em you'll put an onion on top of it, Bingo bango bongo, in fact just build it as, if there is an onion on top of it, you don't need planning permission and if anyone complains, you get it retrospectively without any considerations for parking or local residents views anyway. Sorted
An Islamic school in Blackburn springs to mind.
Solly Khonat for Jack Straws safe seat. At BWDC It pays to sort out planning applications.
[quote][p][bold]atkinson1962[/bold] wrote: [quote][p][bold]FakeVilla_MTCabinet[/bold] wrote: Just tell em you'll put an onion on top of it, Bingo bango bongo, in fact just build it as, if there is an onion on top of it, you don't need planning permission and if anyone complains, you get it retrospectively without any considerations for parking or local residents views anyway. Sorted[/p][/quote]An Islamic school in Blackburn springs to mind.[/p][/quote]Solly Khonat for Jack Straws safe seat. At BWDC It pays to sort out planning applications. hiddenagendas

6:29pm Thu 26 Dec 13

Lifethroughatintedlense says...

Why not just build a giant mosque so the 'minority' can all meet in one place 5 times a day.....quite how they manage to do that whilst holding down regular jobs always baffles me!!
Why not just build a giant mosque so the 'minority' can all meet in one place 5 times a day.....quite how they manage to do that whilst holding down regular jobs always baffles me!! Lifethroughatintedlense

Comments are closed on this article.

click2find

About cookies

We want you to enjoy your visit to our website. That's why we use cookies to enhance your experience. By staying on our website you agree to our use of cookies. Find out more about the cookies we use.

I agree