Wragge & Co's planning specialists have advised the owner of a Devon-based retail park, Marchfield Properties Ltd, on successfully fending off a legal challenge relating to planning permission at the site.

The claim for judicial review was brought by the leader of West Devon Borough Council against the Council's own decision to grant planning permission in July 2011 for alterations to the former Focus DIY unit at the retail park. When they granted planning permission, the Council did not realise that one of the potential consequences was the removal of planning restrictions which had previously prevented food retail on the site.

There was a three-month window in which this decision could be challenged. The council became aware of the consequences of the decision shortly afterwards but did not authorise the leader to bring the challenge until some 11 months had lapsed after the original decision.

Deputy High Court Judge David Elvin QC ruled that the council and its leader had left it far too late to seek judicial review without any reasonable excuse.

Planning partner Duncan Field said: "This was an unusual case because the challenge was made at such a late stage and because the council was disputing its own decision. Our strong track record in planning-related litigation, meant that we were well-placed to help our client achieve the best possible outcome."

Duncan Field was supported by planning solicitor Sarah Bischoff. They worked closely with Marchfield Properties' Jonathan James to defend the challenge to the decision.

Sharpe Pritchard acted on behalf of the leader of West Devon Borough Council.

Marchfield Properties Ltd is the commercial property division of the Marchfield Group, a specialist property investment, development and management group that also handles strategic and non-strategic land investment and promotion.

Wragge & Co's Planning team advises developers, landowners, house builders and retailers on a wide range of planning issues. The team is currently acting on the retention of the Olympic Stadium for the London Legacy Development Corporation, the St James's Market development in Central London for The Crown Estate and the expansion of London Luton Airport to 18 million passengers per annum for London Luton Airport Operations Limited. It is part of the firm's full-service, 180-lawyer Real Estate group, one of the UK's largest real estate practices.

Other real estate highlights from the past 12 months include advising Roxhill Developments on its joint venture with Forth Ports Limited to develop the one million square feet London Distribution Park at the Port of Tilbury; acting for long-standing client St. Modwen on a £2 billion deal to redevelop New Covent Garden Market and advising existing client Vodafone UK on its intention to strengthen its existing network partnership with Telefónica UK.

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