The legal battle to win Tollgate Village for Colchester has taken another turn with Fenwick and Lion Walk Property S.A.R.L. renewing their application for a High Court challenge.
Fenwick and Lion Walk Property S.A.R.L. had applied for permission to seek a review in the High Court of the Secretary of State for Communities and Local Government’s decision to back Tollgate Village, Stanway.
Daniel Watts and Jayne Gee, Directors of Tollgate Partnership Limited (TPL), the Stanway company behind Tollgate Village, said: “This comes as no surprise for TPL to hear that Fenwick still refuse to accept the Inspector’s decision, the Secretary of State’s decision and now a High Court Judge’s decision that Tollgate Village should get the go ahead.”
“Obviously, we are disappointed that the challenge has been renewed and that Fenwick are denying the people of Colchester investment, jobs, new shopping and leisure facilities, as well as significant road infrastructure improvements.”
A spokesperson for Fenwick Colchester said: “Fenwick and CBRE Global Investors will only comment on the conclusion of the Judicial Review process.”
In September of this year (2017), Fenwick and Lion Walk Property launched a last minute appeal against the proposed Tollgate Village development scheme in Stanway.
However, last week a bid to bring a challenge of the Secretary of State’s decision to grant planning permission for Tollgate Village was rejected by a High Court Judge.
Following the Honourable Mrs Justice Lang’s decision last week, Tim Young, Deputy Leader of Colchester Borough Council, referring to TPL, said:” I think we have got to accept it is going ahead and try and work with them…”
Colchester MP Will Quince also urged people come together: “As I have said before, let’s get on with making the town centre and Tollgate Village work together.”
The Honourable Ms Beverley Lang DBE, who last week refused permission for the Fenwick led appeal to go ahead, said in a statement: “In my judgement, the reasons given by the defendant [Secretary of State], supplemented by reference to relevant findings in the inspector’s report, were both adequate and intelligible, and the claimants have no prospect of success on this ground either.”
The Tollgate Partnership has been planning to deliver the next stage of growth in Stanway with a £70million re-development of the old Sainsbury’s site in Stanway since plans were first published in 2014.
After Colchester Council refused planning permission in February 2016, the developers Tollgate Partnership Limited appealed to the government.
After a lengthy appeal hearing involving many residents, retailers, councillors and MP’s, the Secretary of State Sajid Javid granted the appeal allowing planning permission for the scheme.
Public support saw 85% in favour of the redevelopment plans which would see multiple retail stores, a cinema and restaurants being built.
The development is proposed to bring almost 1000 jobs to the local area, improvements to the local infrastructure and a multi-storey car park for Tollgate.
This story was updated on 28/11/2017 to include comment from Fenwick Colchester.