IF Blackburn's billionaire Issa brothers had succeeded in overturning the rejection of a flagship development scheme on appeal a borough's councillors could have lost their powers to determine major planning applications.

Monte Blackburn Ltd, the property arm of EG Group founders Mohsin and Zuber Issa business empire, lost their appeal against Burnley Council's refusal of detailed planning permission for three industrial/warehouse units at Titanium Park in Magnesium Way near Junction 9 of the M65.

But the authority's Full Council on Wednesday night heard that had it succeeded the borough's development control committee would have been put into 'special measures' by the government neutering its decision making powers.

A report by head of housing and development control Paul Gatrell warned the meeting that before a government inspector decided the appeal in the council's favour earlier this month the authority was within a whisker of having its planning powers clipped.

Under current rules any council which has more than 10 per cent of its refusals of planning permission for major applications overturned on appeal over a set period is put into special measures.

Mr Gatrell's report said: "This in effect removes the ability from the local planning authority to determine planning applications within their borough.

"Being placed in special measures means that applicants can choose to submit their applications to the Planning Inspectorate."

Before the decision on the Magnesium Way scheme - which would have allowed Monte to complete Burnley Bridge Business Park - Burnley's failure rate on appeal for major applications between April 2021 and March 2023 was running at 9.09 per cent.

Losing that appeal would have increased it to 13.64 per cent.

Hapton with Park ward Conservative Cllr Jamie McGowan told the meeting: "This report is a little bit of a telling off for councillors.

"I acknowledge the potential dangers of going into special measures. I don't think that would be good for this council.

"I am glad to see that for Magnesium Way this council's decision has actually been upheld and the appeal was rejected so we're not actually above the 10 per cent."

Council leader Cllr Afraisiab Anwar said: "If we don't start to make decisions with good planning reasons then we won't be part of that decision making process and there is the reputational damage that come with that.

"We're no longer now over the 10 per cent. Actually what this report is telling us if that despite that one application for Magnesium way is the principle remains the same.

"We could end up in this position again in 12 months time and the point of the report is to outline that."

Development control committee vice chair Cllr Anne Kelly said: "It's always a balance in planning.

"We have already referenced the Magnesium Way application tonight. That was one the committee felt very strongly about. There were very good planning reasons against it. We went against the officers recommendations and we stuck with it."