The construction of a waste transfer station in Hale Bank has been halted, after the parish council was granted permission to challenge Halton’s approval of the scheme in the High Court.
Veolia’s development at Hale Bank Industrial Estate was approved by Halton Council in January, by five votes to four. At the time of the committee, Hale Bank Council promised to legally challenge the decision as it went against planning policy, and objected on the grounds of increased traffic, noise, and smells. While the project is within the Industrial Estate, Hale Bank argued that the surrounding area was residential and therefore not a suitable location.
Last month Justice Lewis granted Hale Bank Council permission to seek a review of Halton’s decision, with the hearing due to take place in the Royal Courts of Justice on Thursday 25 July.
Judge Lewis also granted Hale Bank Council a protected costs order, which means should the council lose, any fees owed to the other side would be capped to an affordable amount.
This is the third time in recent years that Hale Bank has challenged a planning decision by Halton in the High Courts. In 2012, Hale Bank quashed the approval of a 1 million sq ft Amazon storage and distribution facility, and in the same year also successfully judicially reviewed another decision by Halton to refuse the village the creation of a new village green.
Parish Council chairman Cllr Colin Rowan said: “Naturally, we are pleased the courts have agreed with our legal advisors that this planning decision by Halton needs to be reviewed and hopefully quashed as we believe it is unlawful and also that we have received a protected costs order.
“As far as the judicial review is concerned we believe we have a strong legal case and hope for a positive outcome.
“This is an issue of planning law, something Hale Bank Parish Council takes very seriously and always has done.”
Hale Bank Council is represented by Richard Buxton Solicitors, Cambridge and Landmark Chambers, London.
Halton Council has been contacted for comment.