Tesco Stores Ltd v Teignbridge District Council & Ors [2009] EWHC 3685 (Admin) (16 December 2009)

Tesco Stores Ltd v Teignbridge District Council & Ors [2009] EWHC 3685 (Admin) (16 December 2009)

The reasons given for the grant of planning permission were inadequate and failed to comply with Article 22 of the 1995 Order because they did not summarise the relevant development plan policies or address the principal issues raised in the officer's report and correspondence. This deficiency was not trivial, particularly as the grant was contrary to key development plan policies. The court's discretion should be exercised to quash the planning permission.

Citation
[2009] EWHC 3685 (Admin)
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 allowed; planning permission quashed
Legal Topics
Planning Permission, Duty to Give Reasons, Development Plan Policies, Judicial Review of Local Authority Decisions, Article 22 Town and Country Planning (general Development Procedure) Order 1995, Section 38(6) Planning and Compulsory Purchase Act 2004
Administrative Law Planning Law Local Government Law Planning Permission Duty to Give Reasons Development Plan Policies Judicial Review of Local Authority Decisions Article 22 Town and Country Planning (general Development Procedure) Order 1995 +1 more

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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 the grant of planning permission by the local authority complied with Article 22 of the Town and Country Planning (General Development Procedure) Order 1995
  2. 2 Whether the summary of reasons adequately addressed the principal issues and relevant development plan policies
  3. 3 Whether the court should exercise its discretion to quash the planning permission for failure to comply with the duty to give reasons

Ratio Decidendi

The reasons given for the grant of planning permission were inadequate and failed to comply with Article 22 of the 1995 Order because they did not summarise the relevant development plan policies or address the principal issues raised in the officer's report and correspondence. This deficiency was not trivial, particularly as the grant was contrary to key development plan policies. The court's discretion should be exercised to quash the planning permission.

Court Disposition

Claim allowed; planning permission quashed

Orders

  • The grant of planning permission dated 3 September 2008 is quashed.