Northern Gateway Judicial Review application dismissed

An application by the Tollgate Partnership for a Judicial Review of the Northern Gateway leisure led scheme was rejected at the High Court last week.

In April, The Tollgate Partnership launched a legal challenge to the plans of the leisure-led Northern Gateway scheme, after Colchester Council’s planning committee granted Turnstone Estates permission for the council-owned site last year.

More: Tollgate Partnership appeal for permission for Judicial Review

The application for a Judicial Review, which was heard by Mr Justice Holgate, centred on whether or not planning policy – in particular the ‘sequential test’ – had been applied appropriately.

Mr Justice Holgate determined that the Council had provided advice to members that was not based on any misinterpretation of planning policy nor in conflict with relevant case law. The Judge awarded the Council £8,500 costs in defending the action.

Cllr Tim Young, Portfolio Holder for Business and Culture, said: “This ruling confirms that the Council’s advice to the Planning Committee was sound and appropriate, and was based on the correct interpretation of planning policy and case law. I’m delighted the decision to grant planning permission has been demonstrated to have followed correct procedure and was entirely professional.

“We can now look forward to continuing the work with our commercial partners to deliver the Colchester Northern Gateway development, which will bring numerous benefits to the Borough, including high-quality leisure facilities and new employment opportunities.”

We have contacted Tollgate Partnership for a statement and will update this story if we receive one.