09 April 2014

Burges Salmon's acclaimed Sport team has secured a successful outcome for its client, Prodrive Holdings Ltd, in the Court of Appeal.

Prodrive, which is one of the world's leading motorsport and technology businesses, based in Banbury Oxfordshire, proposed to move its manufacturing centre to a new, larger site in Banbury. Cherwell District Council granted the required planning permission in respect of the new site and also for the redevelopment of the old site as an out-of-town retail shopping complex including flagship stores for Marks & Spencer and Next.

Two town centre-based businesses, Scottish Widows and Aegon (the Appellants), concerned about the risk of a new retail shopping complex drawing business away from Banbury town centre, applied for judicial review of the Council’s decision to grant the planning permissions. The basis for the application was that the Council acted unreasonably in failing to obtain Section 106 agreements under the Town and Country Planning Act.

Led by partner Mark Gay, senior associate Tom Webb and solicitor Chris Davies, the Burges Salmon team succeeded in having the appeal dismissed and was able to have the Court of Appeal expedite both the paper and oral hearings so that the matter could be heard and decided prior to Prodrive’s key ‘gateway’ commercial decision making deadlines such that Prodrive’s relocation is now able to go ahead.

Mark Gay commented: “We are pleased to have secured this important decision for our client, which will result in it being able to progress with the development of its new manufacturing centre and also create new jobs and growth through the redevelopment of the old site.”

Key contact

Cheryl Parkhouse

Cheryl Parkhouse Senior Associate

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  • Public Sector

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