Asda Stores Ltd, R (On the Application Of) v Leeds City Council (Rev1)

Asda Stores Ltd, R (On the Application Of) v Leeds City Council (Rev1)

Paragraph 90 of the NPPF does not create an absolute presumption of refusal; it establishes a policy proposition that planning permission should be refused where there is a significant adverse impact on a town centre, but this can be outweighed by other material considerations at the decision-maker's discretion. Leeds City Council lawfully exercised its planning judgment by weighing the policy conflict against economic and regeneration benefits and was not required to treat the policy as determinative.

Parties
Appellant: Asda Stores Limited; First Respondent: Leeds City Council; Second Respondent: Commercial Development Projects Limited
Jurisdiction
England and Wales
Judgment Date
20 January 2021
Procedural Posture
Judicial Review (planning) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Interpretation of National Planning Policy Framework (nppf), Judicial Review of Planning Decisions, Weight of Material Considerations in Planning, Significant Adverse Impact on Town Centre, Presumption in Planning Policy
Administrative Law Planning Law Interpretation of National Planning Policy Framework (nppf) Judicial Review of Planning Decisions Weight of Material Considerations in Planning Significant Adverse Impact on Town Centre Presumption in Planning Policy

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Parties

Asda Stores Limited

Appellant

Leeds City Council

First Respondent

Commercial Development Projects Limited

Second Respondent

Procedural Posture

Judicial Review (planning) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether Leeds City Council misinterpreted and misapplied paragraph 90 of the NPPF when granting planning permission for a retail-led development despite a finding of significant adverse impact on a town centre
  2. 2 Whether paragraph 90 of the NPPF creates a presumption or expectation of refusal that must be given determinative weight

Ratio Decidendi

Paragraph 90 of the NPPF does not create an absolute presumption of refusal; it establishes a policy proposition that planning permission should be refused where there is a significant adverse impact on a town centre, but this can be outweighed by other material considerations at the decision-maker's discretion. Leeds City Council lawfully exercised its planning judgment by weighing the policy conflict against economic and regeneration benefits and was not required to treat the policy as determinative.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.