Nightclub granted permission for judicial review into Nicholsons Quarter decision

Smokeys nightclub has been granted permission for a judicial review into the council’s decision to issue planning permission for the Nicholson Quarter.

That regeneration involves plans to tear down the shopping complex and replace it with new retail, offices, more than 650 apartments, public realm and car parking.

It has hit roadblocks on its journey to fruition – including an inability to make an agreement with businesses that are currently on the site.

The family-run Smokeys nightclub in Nicholsons Lane is a leaseholder there – and as such, was one of those being encouraged to move out.

Negotiations have been ongoing for years but with no resolutions.

The Borough can use its compulsory purchase order (CPO) powers to force building owners to sell up – if their property obstructs a regeneration project.

This would allow the council to plough ahead with its plan for the Nicholsons regeneration.

But in January this year, the planning inspectorate announced that the Borough should not be allowed its CPO.

The inspector John Felgate said that ‘no suitable relocation premises’ were offered to Smokeys and it seemed ‘little or no effort’ was put in to find alternative locations.

Smokeys said this decision was ‘a victory for small businesses.’

But in February, the council began a legal fight against the decision – saying it ‘set a bad precedent for future regenerations’ to invest so much money in regeneration, only to have these plans scuppered.

Smokeys criticised the ‘unfortunate and [un]productive use of time and public money’ involved in challenging the legal decision.

In a further pushback, Smokeys sought its own judicial review on December 1 last year – and permission has now been granted for it to go ahead.

This relates to a Development Management Panel on March 3, 2021, where the Nicholsons Quarter project was discussed.

This judicial review will look at ‘whether councillors were able to fairly consider’ Smokeys in their deliberations, wrote Smokeys legal representatives, Blandy & Blandy LLP.

They wrote that panel members ‘had documentation circulated to them immediately before the committee hearing’ which ‘may have inappropriately influenced their decision-making.’

“The position of Smokeys is that the committee were unable to consider properly the position of Smokeys and the consequence of this is the total extinguishment of their business, after six decades of entertaining generations of Maidonians,” said the nightclub's statement.

A council spokesperson said:

“The Nicholsons redevelopment is a crucial part of the ongoing regeneration of Maidenhead’s town centre, a crucial opportunity to secure major investment that would bring significant benefits for the social, economic and environmental wellbeing of our town and wider borough.

“The council is party to two legal matters around the redevelopment, related to the planning and CPO processes.

“We await confirmation of when these matters will be considered by the High Court.”

It is currently being decided how both cases will proceed to hearing.

Smokeys added it ‘has no objection in principle’ to the development and ‘supports the regeneration of Maidenhead Town Centre', with 'adequate provision' for the nightclub.