High Court dismisses challenge by NHS Trust

The High Court has dismissed an application for permission to bring proceedings for judicial review by Worcestershire Acute Hospitals NHS Trust (“the Trust”). The Trust sought to challenge the decision of the Malvern Hills, Wychavon and Worcester Councils (“the Councils”) to grant planning permission for a significant mixed-use development of up to 2,204 dwellings in Worcestershire.

The Trust sought to challenge the decision on five grounds. The Trust contended in particular that the Councils had acted unlawfully in not requiring the developer to make a section 106 contribution towards healthcare services. Holgate J held that all of the grounds were unarguable.

Zack Simons and Barney McCay acted for Worcestershire County Council (the First Interested Party). The County Council is the relevant highway and education authority for the area and supported the Council’s successful defence of the permission. They were instructed by Penelope James of Worcestershire County Council.

A copy of the judgment can be found here.