Relief for town centres at Peel Holdings loses appeal over plans for Whitebirk retail park

A retail landlord suffered a legal defeat in the High Court at the hands of an East Lancashire Council.

Hyndburn Council had clashed with giant retail development company Peel Holdings by refusing to allow food and fashion type stores at Whitebirk Retail Park.

Their policy to allow only bulky and electrical goods has now been upheld the High Court.

Fears that an ‘unrestricted’ expansion of Whitebirk Retail Park would hit Blackburn and Accrington town centres have abated with Peel Holdings Ltd losing the crucial legal ruling against Hyndburn Council.

However, it now looks as if the ruling will not be the end of the fight as the judge gave the go-ahead for a test case appeal against his decision.

Blackburn MP Jack Straw, who described Peel’s actions in the run up to the ruling as ‘bullying’, said: “This decision doesn’t just protect Accrington and Blackburn’s high streets, but high streets across the country.”

Town centre retailers spoke of their relief.

Mark Bourgeois, of The Mall, Blackburn said: “Blackburn is a strong and vibrant community town centre in which we and Blackburn with Darwen Council have invested significantly in recent years.

“We have done so knowing planning policy is there to protect town centres. Peel's Whitebirk application was legally flawed and quite obviously contrary to planning policy and so the High Court decision is a just one.”.

Council leader, Miles Parkinson, said: “I’m pleased with this judgement and would like to thank Blackburn with Darwen Council for their support and also thank and acknowledge the help and support from Hyndburn MP Graham Jones and MP Jack Straw who raised the matter in Parliament.”

A spokesperson for The Peel Group said the local community had “consistently and overwhelmingly supported our plans to modernise Whitebirk.

“We would like to thank the community for their continuing support. Our proposals aim to unlock well over £16m of investment, create over 250 new jobs within Hyndburn and provide local people with a local alternative to travelling to retail parks in Preston and Bolton.

“We have been given permission by the Court to appeal the decision and will of course be reviewing the case in more detail with our legal team.”

Comments(8)

paperboy70 says...
2:14pm Thu 1 Nov 12

Let's hope Peel go to appeal... this retail park is dying on its backside and if it doesn't get any investment soon I wouldn't be surprised if Peel pulls out and it becomes a blot on the landscape that no other developer will touch with a bargepole. Very shortsighted... shopping habits have evolved over the last 20 years, people want easy access, free parking and big brands, its about choice, I don't want to battle with the town centre traffic and pay for parking, therefore I'll continue to drive to Middlebrook in Bolton and Deepdale in Preston.

Falconer24 says...
2:53pm Thu 1 Nov 12

come on peel. i have lived in accrington 35 years and i think in the last 6 years i can count on 1 hand how many times i have been in to buy something. its rubbish full of pound shops, charity shops and horrible people!

i will just carry on going to preston and manchester like alot of other people do. hyndburn council you are thick if you cant see that accrington town centre is built round dole dossers!

Twicki1 says...
4:39pm Thu 1 Nov 12

Obviously peel don't have their hands in the same pies as the council otherwise they would be fine, never mind we can continue to shop in Preston, Manchester etc rather than local, such clever people the council !!!!!!!!!!!!!!!!!!

DEO VOLENTE says...
9:47pm Thu 1 Nov 12

In my honestly held opinion what happens in Hyndburn is absolutely nothing to do with John Straw. in my honestly held opinion John Straw should concentrate 100% on representing his own constituency, which unfortunately is Blackburn with Darwen. God only knows there are enough serious problems in Blackburn with Darwen to address. On a broader point there seems to be a culture of attempting to prevent progress. I would use the examples of objections to the Tithebarn development in Preston and of course preventing Peel holdings from a wise and worthy development in Whitebirk. Let us face facts the town centres in Blackburn, Accrington and Burnley are dying, or are already dead.These "Northern ill Towns" cannot compete with the more attractive shopping destinations like Manchester, Liverpool and Preston, or with the pleasant experiences of more "culturally attractive" Market Towns such as Clitheroe, Skipton and Lancaster. I sincerely hope that Peel Holdings are successful with their Appeal. Progress must be allowed after all it is inevitable.

Deus Vobiscum

tezdavies says...
8:10am Fri 2 Nov 12

I only hope that the council reads some of these quotes and maybe asks local people what they may want or need ,as so many people have said shopping trends have changed over the years and that is why so many big towns have devoloped out of town shopping such as middlebrook,deepdale and so on. I enjoy shopping in these places as it is free parking and I generaly get all my shopping needs covered in one place so these developments are great.and also look on the plus sides it stops congestion in the town centers and creates jobs,and finance for the town so please get your heads out of the sand and move with the times before people like peel move out and you are left with derelict retail outlets and no income

xrjxman says...
12:03pm Fri 2 Nov 12

Good luck Peel.

Blackburn centre is an oppressive DUMP and as said above Accy is full of charity shops.

Whitebirk would be popular and well received. If the towns cannot get it right why prevent others who can and save us all a drive to Middlebook or the Trafford Centre to get a DECENT shopping experience

CAG1 says...
12:27pm Fri 2 Nov 12

DEO VOLENTE wrote:
In my honestly held opinion what happens in Hyndburn is absolutely nothing to do with John Straw. in my honestly held opinion John Straw should concentrate 100% on representing his own constituency, which unfortunately is Blackburn with Darwen. God only knows there are enough serious problems in Blackburn with Darwen to address. On a broader point there seems to be a culture of attempting to prevent progress. I would use the examples of objections to the Tithebarn development in Preston and of course preventing Peel holdings from a wise and worthy development in Whitebirk. Let us face facts the town centres in Blackburn, Accrington and Burnley are dying, or are already dead.These "Northern ill Towns" cannot compete with the more attractive shopping destinations like Manchester, Liverpool and Preston, or with the pleasant experiences of more "culturally attractive" Market Towns such as Clitheroe, Skipton and Lancaster. I sincerely hope that Peel Holdings are successful with their Appeal. Progress must be allowed after all it is inevitable. Deus Vobiscum
Just to be clear Jack Straw represents Blackburn, not Darwen.

I do agree with you, however, that towns need to compete more and be more progressive. What will happen to Whitebirk Retail Park without investment and development?

chammy says...
9:10pm Fri 2 Nov 12

Lets have an Ikea at Whitebirk,that would bring people shopping to Blackburn,instead of everyone leavig in droves.

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