Brewery’s appeal fails to stop Selby Council’s long-term development plans

Samuel Smith’s Old Brewery Tadcaster has failed to prevent Selby District Council go forward with plans to rejuvenate the surrounding area.

The council’s proposals to support new jobs, homes and investment in the district were

given a boost on Thursday, after the Court of Appeal dismissed an appeal brought by the brewery against the decision of the High Court last autumn to refuse their application to quash the Selby District Core Strategy Local Plan, known as PLAN Selby.

PLAN Selby is part of the council’s long-term strategy to develop the district between now and 2027 to support jobs, homes and improved infrastructure. It will be used as the framework for considering planning applications.

PLAN Selby was initially reviewed by a central Government-appointed independent Planning Inspector, and 2013 the independent inspector found the document to be legally sound. Samuel Smith’s Old Brewery then challenged the plan at the High Court in Leeds in July 2014. The judgement dismissed the brewery’s challenge on all ten grounds.

The brewery appealed the ruling on one single ground, whether there was a ‘Duty to Co-operate’ with neighbouring planning authorities under the Localism Act 2011. The brewery argued that the council should have asked Leeds and York to provide additional houses in their areas instead of providing them in Tadcaster.

The Court ruled with the council’s argument that the legal duty did not apply because the strategy was submitted for the independent examination before the legislation took effect. The Court also highlighted that the Council had consulted neighbouring authorities and had agreed that growth at Tadcaster was needed to provide jobs and homes for local people to regenerate the town.

The Council can now move forward with the next stage of PLAN Selby, which involves looking at allocating specific sites for growth of jobs, homes and services, alongside detailed planning policies.

Selby District Council Leader, Cllr Mark Crane said: “PLAN Selby is such an important part of our ambitious agenda to make the district a great place to do business and a great place to enjoy life. That’s why we welcome today’s judgement.

“We want to move on now with supporting new business growth and jobs, as well as giving people access to the housing they need, not only for the residents of Tadcaster but for the rest of the Selby district.