News | Planning & Environment

Friday 10th September 2004

SJ Berwin (partner Simon Ricketts and assistant solicitor Simon Robinson) acted for Isle of Man developer Lear Management Limited in a rare example of a developer succeeding in obtaining an order of the High Court to strike out the legal challenge brought by an objector to a planning permission granted by the Secretary of State. Mr Justice Blackburne’s ruling in Morbaine Limited and another v First Secretary of State and others on 19 July 2004 has wide implications for all those seeking to challenge or defend proceedings under section 288 of the Town and Country Planning Act 1990.

Lear secured planning permission for a major mixed use development in Hanley, Stoke on Trent against which Morbaine Ltd, with the apparent intention of either securing an alternative development site or Lear’s own site, brought a legal challenge under section 288 in its own name. It also paid a local resident £1,000 in order to bring a challenge in the resident's name – in case Morbaine were adjudged by the court not to have sufficient standing.

Using John Steel QC and Andrew Tabachnik (4-5 Grays Inn Square) and planning consultants Drivers Jonas, SJ Berwin made an immediate "strike out" application to the High Court. After one and a half days' legal argument the application was granted: Morbaine lacked standing, the legal position with regard to the resident's standing was left open (with the court inclining to the view that the arrangement amounted to an abuse of process) and the claimants' proceedings were held to have been served out of time and to have no real prospect of success. Lear was awarded its costs.

Simon Ricketts, partner in SJ Berwin's Planning and Environment Group said, "By the unusual and pro-active approach of a strike out application, the uncertainty caused by the claim was resolved far quicker than if the matter had been left to come to a full hearing. In addition Lear obtained its costs which would not have been the position if it had simply appeared at the full hearing as third defendant. The case will no doubt encourage greater use of strike outs in statutory challenge cases."

• SJ Berwin's Planning and Environment Group is recognised as a leading adviser on planning and environmental law as well as related areas such as compulsory purchase, highways and town centre regeneration.
• The Planning and Environment Group is within SJ Berwin's Real Estate Division which totals just under 100 staff of which 17 are partners and 45 assistants, encompassing the disciplines of Commercial Real Estate, Construction, Planning & Environment, Property Litigation and Real Estate Funds. The team has recently been awarded "Real Estate Team of the Year" in the Lawyer Magazine Awards 2004, following its advice on the RBS/Canary Wharf transaction.