Plans to demolish former church to be reconsidered
GooglePlans to bulldoze a 136-year-old former church and replace it with a convenience store have been halted.
The former Bolton Road United Reformed Church, on the corner of Ashleigh Street and Northcote Street in Darwen, Lancashire, had been set for demolition as part of proposals to build a shop with 14 parking spaces.
Blackburn with Darwen Council's planning committee in May approved Thistlewood's bid to knock the church down despite 26 objections from residents and road safety concerns.
However, the development has now been thrown back into doubt after a High Court challenge forced the council to scrap its original decision and reconsider the application.
'Legally flawed'
Falling congregation numbers saw the church close its doors in 2019.
The building has lain vacant ever since.
A report presented to an October meeting of Blackburn with Darwen Council's planning committee said the local authority accepted that part of the reasoning used when planning permission was granted was legally flawed.
The challenge was brought by The Kay Group (UK) Ltd, which had objected to the scheme on highway safety grounds before launching judicial review proceedings against the council.
Court documents show the company argued councillors had been advised to take account of a possible "fallback" position, namely that the former church could potentially be put to another use which could have worse impacts than a small shop.
But following the challenge, the council accepted that no proper explanation had been provided as to why this argument was anything more than theoretical, rather than a material factor to be considered.
As a result, the council agreed the challenge was well-founded and accepted that permission for the redevelopment should be quashed, before the challenge could be taken to the High Court.
The ruling means planning permission for the supermarket no longer exists and the application must now be reconsidered.
The initial dispute centred heavily on traffic and road safety concerns around the prominent corner site.
A report to members of the committee said the applicant had been informed of the court's decision and officers were now awaiting further information before carrying out a new round of consultation with highways experts, statutory bodies and residents.
The proposal will then return to the council for a fresh decision, the Local Democracy Reporting Service said.
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