Warners Retail (Moreton) Ltd v Cotswold District Council

The Council properly considered the Budgens site in applying the sequential test and assessed the impact on town centre vitality and viability; the relevant material was before the committee, and its planning judgment cannot be interfered with.

Parties: Claimant: Warners Retail (Moreton) Limited; Defendant: Cotswold District Council; Interested Party: Minton Health Care Ltd & Glamar Leisure Limited; Interested Party: Sainsbury’s Supermarkets Ltd
Jurisdiction: England and Wales
Judgment Date: 22 July 2014
Procedural Posture: Judicial Review / Final Judgment
Outcome: Application dismissed
Legal Topics: Sequential Test, Town Centre Vitality and Viability, Retail Impact Assessment, Interpretation of Planning Policy, Judicial Review of Planning Decisions

Planning Law Administrative Law Sequential Test Town Centre Vitality and Viability Retail Impact Assessment Interpretation of Planning Policy Judicial Review of Planning Decisions

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 20

Parties

Warners Retail (Moreton) Limited

Claimant

Cotswold District Council

Defendant

Minton Health Care Ltd & Glamar Leisure Limited

Interested Party

Sainsbury’s Supermarkets Ltd

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Council correctly interpreted and applied the sequential test for retail development
2 Whether the Council properly assessed the impact of the proposed development on town centre vitality and viability

Ratio Decidendi

Court Disposition

Application dismissed