No5 Chambers successfully defends planning permission for Morrison’s
No5 Chambers’ Timothy Jones and Victoria Hutton have successfully defended planning permission for a Morrison’s supermarket in the face of a judicial review application.
On 4 December 2013 Mr Justice Hickinbottom handed down judgement having presided over a rolled-up hearing in the case of R (on the application of Midcounties Co-operative Limited) v Swindon Borough Council and Optimisation Developments Limited  EWHC 3775 (Admin). Jones and Hutton appeared for the defendant council and were successful, also being awarded their costs.
In this case, the claimant (the Co-op) launched two judicial reviews in order to challenge the grant of two identical planning permissions by the defendant for a Morrison’s supermarket in Swindon. The challenges to each permission were brought on a number of grounds.
Agreeing with the defendant and the interested party, the judge found that none of these grounds had any merit and therefore refused permission to apply for judicial review.
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On 6 March 2014, Nick Boles announced the launch of the new National Planning Practice Guidance.
Part 4 of the Criminal Justice and Courts Bill contains a number of important changes to be introduced that seek to prevent judicial review from being a ‘brake on growth’.