Barrowlands AppealPublished Tuesday, 18 March 2014
The Council engaged a barrister to review the Secretary of State's decision to allow the planning appeal for 504 Houses in the village of Barrow.
He was asked to advise on the likelihood of a successful challenge in the High Court under Section 288 of the Town and Country Planning Act 1980.
The Council has now received his advice and his overall conclusion is that an appeal in the High Court would have little chance of success.
Reluctantly the Council has accepted this advice.
Council Leader, Councillor Stuart Hirst said:
"I am extremely disappointed that the legal advice we have now received from our barrister in relation to the Barrowlands Appeal leaves us with no credible legal basis on which to challenge the Inspector's conclusions. A judicial basis to a challenge was inevitably going to present serious difficulties but I feel we were correct to formally explore this option despite the problems. We must, however, regrettably now accept the clear professional advice given.
We remain nonetheless highly dissatisfied with the decision in terms of its impact on the Borough and I intend to make our views known at the highest ministerial level. In terms of public policy - if not in terms of strict legal procedure - this decision remains highly flawed and I share the immense disappointment of the Barrow Residents Group".