Should the High Court be approached to grant permission to judicially review the decision of West Lancashire Borough Council not to enforce the legally binding order on Serco Leisure Operating Ltd of May 2018? Should there be a Court of Inquiry hearing into the Beacon Park Golf Course landfill fraud?
Judicial reviews include approvals by local authorities of details under planning permissions, decisions on whether to take enforcement action, the validity of various enforcement related notices, and various planning policies.
WLBC defines a breach of planning control as “The carrying out of a development without the required planning permission, or failing to comply with any condition or limitation subject to which planning permission has been granted”. And “Planning laws are designed to control the development of and use of land and/or buildings in the public interest. They are not meant to protect the private interests of one person against the activities of another”.
But WLBC has done exactly that by stating in writing “With regard to the planning breaches and any action that is required to be taken by the Head of Growth & Development, I can confirm that the “breaches of planning control” were regularised by the approval of 3 applications namely: 2018/1158/FUL, 2018/1164/FUL, and 2019/0660/FUL.
“As the applicant is currently implementing these permissions there is currently no breach of planning control at the site and therefore no action is required at this stage. Upon completion of the above works should there be any outstanding issues, further action would be taken”. And that is a classic case of protecting the private interests of the developer against the interests of council tax payers.
“The then Borough Solicitor Terry Broderick stated in the Breach of Condition Notice that “It is an offence to contravene the requirements stated in paragraph 5 of this notice after the end of the compliance period. You will then be at risk of immediate prosecution in the Magistrates’ Court”.
For the record there is not, and never has been, any challenge to the legal validity of the Breach of Condition Notice. And if there is any evidence of any applicant currently implementing what was ordered it isn’t visible to the naked eye. Why was it the head of Growth and Development and not the Solicitor allowing “regularisation”?
Bring on a judicial review!