Vincent Fraser of Kings Chambers resists first challenge to a development consent order

Vincent Fraser QC has successfully represented Lancashire CC in resisting the High Court challenge to the development consent order granted for the Heysham to M6 Link Road.

The case of R(Gate) v SST and Lancashire CC [2013] EWHC 2937 (Admin) is the first challenge considered by the courts to a confirmed development consent order under the Planning Act 2008.

The order consented a new link road to the M6 and major works to junction 34 of the M6. The judgment considers what forms of highway works amount to a nationally significant infrastructure project, whether the highway was properly considered as constructed for a purpose connected with a highway for which the secretary of state is the highway authority and the meaning of associated development for the purposes of section 115 of the Planning Act 2008.

The judgment also considers the consultation requirements with respect to development consent orders under the Planning Act 2008 as well as other issues raised by the claimant.