Landlord threatens legal action over Skelmersdale scheme

REAL estate investor and landlord London & Cambridge Properties is threatening legal action against West Lancashire Borough Council after it gave planning approval to a rival scheme

LCP claims St Modwen’s plans for a development in Skelmersdale threatens the viability of its Concourse Shopping Centre in the town, which it is extending in a £4m investment to add a cinema and restaurant.

LCP has written to West Lancashire Borough Council, which it says “sets out several points of law that challenges” the granting of planning consent to St Modwen.

The letter – a pre-action protocol – identifies the specific legal grounds on which it disputes the planning consent and seeks to establish if the council can address them to avoid litigation.

If the local authority does not do that, LCP will have no option but to apply to the courts for judicial review.

Jo Salmon, LCP’s retail portfolio manager, said its lawyers believe the consent for the St Modwen scheme is unlawful, unenforceable and ineffective.

Salmon said: “We are doing this because we have to preserve the future of the Concourse Shopping Centre and Skelmersdale town centre.

“We are challenging the scheme on a number of legal and technical points and it is our hope that the council can rectify these issues but if that is not possible, then we have no choice but to apply to the courts for judicial review.”

She said the council and its retained retail consultants (PBA) had already acknowledged the potential harm that would be caused to the Concourse Centre if the St Modwen proposals went ahead. This is because St Modwen is promoting a scheme that includes Aldi, Home Bargains and Poundland, which occupy 20% of Concourse’s existing retail space.

“The council’s consultants have pointed out that this would represent a severe blow to the centre particularly given the recent closures, which have resulted in further vacant units,” added Salmon.

Paul Batho, projects director at St. Modwen, said the company remains committed to delivering its scheme.

“We hope that the matter is resolved quickly in order for us to progress with the delivery of our scheme which is the right scheme for the people of Skelmersdale.”