The Midcounties Co-Operative Ltd, R (On the Application Of) v Forest of Dean District Council

The Midcounties Co-Operative Ltd, R (On the Application Of) v Forest of Dean District Council

The Defendant failed to address the retail impact test and failed to give reasons for departing from its previous refusal, rendering the grant of planning permission unlawful.

Parties
Claimant: The Midcounties Co-operative Limited; Defendant: Forest of Dean District Council; Interested Party: Aldi Stores Limited
Jurisdiction
England and Wales
Judgment Date
04 August 2017
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; planning permission quashed.
Legal Topics
Sequential Test, Retail Impact Assessment, Consistency in Decision Making, Duty to Give Reasons
Planning Law Administrative Law Sequential Test Retail Impact Assessment Consistency in Decision Making Duty to Give Reasons

Case Brief

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Parties

The Midcounties Co-operative Limited

Claimant

Forest of Dean District Council

Defendant

Aldi Stores Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendant misapplied the suitability criterion of the sequential test
  2. 2 Whether the Defendant failed to consider the retail impact test
  3. 3 Whether the Defendant failed to have regard to consistency with its earlier refusal

Ratio Decidendi

The Defendant failed to address the retail impact test and failed to give reasons for departing from its previous refusal, rendering the grant of planning permission unlawful.

Court Disposition

Claim allowed; planning permission quashed.

Orders

  • The planning permission dated 27 October 2016 is quashed.