Tesco Stores Ltd v Teignbridge District Council & Ors

Tesco Stores Ltd v Teignbridge District Council & Ors

The grant of planning permission was quashed because the summary of reasons failed to comply with Article 22 of the 1995 Order, omitting reference to relevant development plan policies and inadequately addressing principal issues, particularly where the committee departed from officer recommendations.

Parties
Claimant: Tesco Stores Limited; Defendant: Teignbridge District Council; Interested Party: Sainsbury's Supermarkets Limited (and others)
Jurisdiction
England and Wales
Judgment Date
16 December 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim for judicial review granted; planning permission quashed.
Legal Topics
Planning Permission, Duty to Give Reasons, Development Plan Policies, Judicial Review Procedure
Administrative Law Planning Law Planning Permission Duty to Give Reasons Development Plan Policies Judicial Review Procedure

Case Brief

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Parties

Tesco Stores Limited

Claimant

Teignbridge District Council

Defendant

Sainsbury's Supermarkets Limited (and others)

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the reasons given for granting planning permission complied with Article 22 of the Town and Country Planning (General Development Procedure) Order 1995
  2. 2 Whether the grant of planning permission was in breach of relevant development plan policies
  3. 3 Whether the summary of reasons adequately addressed principal issues and relevant policies

Ratio Decidendi

The grant of planning permission was quashed because the summary of reasons failed to comply with Article 22 of the 1995 Order, omitting reference to relevant development plan policies and inadequately addressing principal issues, particularly where the committee departed from officer recommendations.

Court Disposition

Claim for judicial review granted; planning permission quashed.

Orders

  • Grant of planning permission quashed.
  • Defendant to pay claimant's costs, subject to detailed assessment if not agreed.