Salford Estates [No 2] Ltd, R (on the application of) v Dalton Park Ltd & Ors

Salford Estates [No 2] Ltd, R (on the application of) v Dalton Park Ltd & Ors

The planning committee lawfully exercised its judgment, considered all relevant material, was entitled to depart from officers' advice, and did not act irrationally or unlawfully in granting permission to Tesco. The sequential test was properly applied, and the Section 106 agreement was lawful under binding authority.

Source-derived case information.

Parties
Claimant: Salford Estates [No 2] Limited; Defendant: Durham County Council; Interested Party: Tesco Stores Limited; Interested Party: Dalton Park Limited
Jurisdiction
England and Wales
Judgment Date
19 September 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Judicial Review of Planning Decisions, Sequential Test in Planning Policy, Section 106 Agreements, Material Considerations in Planning, Irrationality in Administrative Law
Administrative Law Planning Law Judicial Review of Planning Decisions Sequential Test in Planning Policy Section 106 Agreements Material Considerations in Planning Irrationality in Administrative Law

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Parties

Salford Estates [No 2] Limited

Claimant

Durham County Council

Defendant

Tesco Stores Limited

Interested Party

Dalton Park Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Durham County Council acted unlawfully or irrationally in granting planning permission to Tesco Stores Limited for a retail development at Peterlee
  2. 2 Whether the planning committee failed to take into account material considerations, specifically the cumulative impact of granting three permissions
  3. 3 Whether the sequential test in Planning Policy Statement 4 was properly applied

Ratio Decidendi

The planning committee lawfully exercised its judgment, considered all relevant material, was entitled to depart from officers' advice, and did not act irrationally or unlawfully in granting permission to Tesco. The sequential test was properly applied, and the Section 106 agreement was lawful under binding authority.

Court Disposition

Application for judicial review dismissed

Orders

  • Claim dismissed
  • Directions to be given in related Dalton Park judicial review application