THE owners of a retail park on the edge of Blackburn have taken their fight for a multi-million revamp to London’s Court of Appeal.

Last year, a High Court judge rejected Peel Land and Property Investments' challenge of a council decision to refuse to grant permission which would have cleared the way for the company to re-develop Whitebirk Retail Park with new clothing and food stores.

The judge rejected the company’s claim that, following the granting of planning permission in respect of six units at the park, they were no longer bound by restrictions limiting them to the sale of bulky goods.

Now, Peel is asking the Court of Appeal to overturn that decision, and make a ruling which would potentially pave the way to allow them to open up the retail park to more lucrative retailers.

In the ruling under challenge, Judge Waksman QC found that the planning permission granted to Peel did not involve the creation of new retail units, as claimed by Peel, or a material change of use.

Ruling that the permission had not created a “new chapter in the planning history”, he said that the units remained bound by the restrictions on use.

However, opening the appeal on behalf of Peel, Christopher Katkowski QC told three of the country’s leading judges that the planning permission undoubtedly gives his client the right to develop the units, but that the appeal centred on the question whether they would have the right to use the completed units for the purpose for which they were intended.

He argued that, under the terms of the Town and Country Planning Act 1990, where a planning permission is granted for the erection of a building, but no purpose is specified in the permission, that means that the permission should be taken to include permission to use it for the purpose for which it is designed.

He said that, under the def-inition of the terms ‘erection’ and ‘building’ in the act, the various planning permission in this case qualify.

Blackburn with Darwen Borough Council and the owners of Blackburn's Mall shopping centre have joined with Hyndburn Borough Council to defend the decision, arguing that Peel's plans could have a devastating effect on Blackburn town centre if allowed to proceed.

At the end of the hearing, Lords Justices Mummery, Tomlinson and Davis are expected to reserve their judgment in order to give it in writing.