The High Court has ruled that developers should provide financial contributions to planning authorities for necessary infrastructure.
Mr Justice Kimblin quashed the Secretary of State’s decision to grant outline planning permission to Peel NRE for a 19,000sqm industrial scheme in Carrington.
Trafford Council originally refused permission for industrial, storage and distribution floorspace at Manchester Road on the grounds that the scheme did not provide appropriate funding for infrastructure. The Council considered that Peel should contribute £5.4m towards the Carrington Relief Road and other infrastructure.
Peel appealed against the decision and the presiding planning inspector ruled in Peel’s favour in July.
However, Mr Justice Kimblin, sitting at Manchester Civil Justice Centre on Friday, ruled that the planning inspector failed to address whether a financial contribution should be made at all – a key aspect of Greater Manchester’s Places for Everyone (PfE) Development Plan.
He also found that the planning inspector had limited an assessment of highways impacts to the proposal alone, rather than the broader context. While there isn’t a finalised masterplan for Carrington, Mr Justice Kimblin said its absence should not have stopped a requirement for proportionate financial contributions.
He agreed that the PfE was clear that, ‘the whole allocation is planned and delivered in a coordinated and comprehensive manner with proportionate contributions to fund necessary infrastructure’.
Mr Justice Kimblin also refused leave to appeal his decision.
Cllr Liz Patel, Trafford Council’s Executive Member for Economy and Regeneration, welcomed the High Court decision.
She said:
“I am delighted that the High Court has agreed with us. As an authority, we are keen to see growth and development in Trafford but it should be accompanied by suitable community facilities and infrastructure.
“Our concern has always been to ensure that developers pay proportionately for new infrastructure, rather than seeking to 'cherry pick' for individual developments. We will only secure the growth and well-planned new communities that we all need if they are accompanied by the right transport and other supporting facilities.
“The Places for Everyone Plan envisaged that different sites would contribute collectively to future development needs - to the benefit of all. I hope this decision will provide a fresh means of working together with landowners, developers and communities to make sure the right homes, business space and infrastructure are built.”