Aldergate Properties Ltd v Mansfield District Council & Anor

Aldergate Properties Ltd v Mansfield District Council & Anor

The District Council erred in law by misapplying the sequential test under NPPF paragraph 24, improperly excluding Mansfield town centre sites based on Aldi's commercial preferences, failing to consider all relevant Development Plan criteria, and imposing a personal condition without proper policy consideration. These errors were material and require the planning permission to be quashed.

Parties
Claimant: Aldergate Properties Ltd; Defendant: Mansfield District Council; Interested Party: Regal Sherwood Oaks Ltd
Jurisdiction
England and Wales
Judgment Date
08 July 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Permission quashed
Legal Topics
Sequential Test, Development Plan Compliance, Planning Permission Conditions, Impact Assessment, National Planning Policy Framework
Planning Law Administrative Law Sequential Test Development Plan Compliance Planning Permission Conditions Impact Assessment National Planning Policy Framework

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Parties

Aldergate Properties Ltd

Claimant

Mansfield District Council

Defendant

Regal Sherwood Oaks Ltd

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the sequential test under NPPF paragraph 24 was correctly applied
  2. 2 Lawfulness of imposing a personal condition limiting occupation to Aldi
  3. 3 Failure to consider compliance with Development Plan Policy R6 criteria 2 and 3

Ratio Decidendi

The District Council erred in law by misapplying the sequential test under NPPF paragraph 24, improperly excluding Mansfield town centre sites based on Aldi's commercial preferences, failing to consider all relevant Development Plan criteria, and imposing a personal condition without proper policy consideration. These errors were material and require the planning permission to be quashed.

Court Disposition

Permission quashed

Orders

  • The planning permission granted by Mansfield District Council is quashed.