Campaigners seek oral renewal hearing over judicial review against proposed third prison in village

Local campaigners have vowed to challenge the Government's decision to call in and approve a planning application for a third prison in a Lancashire village following the High Court's decision to refuse their judicial review application.

Ulnes Walton is home to 2,600 villagers and already hosts two prisons with a capacity of around 2,000 prisoners.

The Ministry of Justice applied to build a third prison in the village in 2021, which would see the prisoner population grow by 1,700 new inmates.

Chorley Council rejected the Ministry of Justice's application in 2021 on the basis that the prison would impact the openness of the green belt and would have an unacceptable impact on highway safety due to increased traffic in the village.

It also cited potential noise nuisance associated with the increased traffic.

A planning appeal was made against the council's refusal decision in 2022, which saw planning inspector Tom Gilbert-Wooldridge recommend against approving the application.

The then Secretary of State for Levelling Up, Housing and Communities, Michael Gove, issued a 'minded to grant permission' letter if highway safety could be mitigated.

A second inquiry focussed solely on highway safety took place, but the planning inspector recommended against approval for a second time.

However, a called-in decision issued on behalf of the Secretary of State for Housing, Communities and Local Government in December 2024 saw the Government allow the appeal and approve the planning application.

Writing on behalf of the Secretary of State, Housing and Planning Minister Matthew Pennycook said the harm to the Green Belt was "clearly outweighed" by the benefits of the scheme, adding that "very special circumstances exist which justify approval". 

In response, local campaign group Ulnes Walton Action Group (UWAG) launched a judicial review challenge of the decision.

However, a High Court judge has now concluded on the papers that the Secretary of State made a lawful and reasonable decision, according to a report from the BBC.

Emma Curtis, who is a member of UWAG, told Local Government Lawyer that the group has requested a renewal via an oral hearing of the decision.

The date of the hearing is yet to be determined.

Adam Carey