Tesco Stores Limited, R (on the application of) v Stockport Metropolitan Borough Council & Anor
The council did not misinterpret or misapply the sequential test in paragraph 87 of the NPPF. The determination that alternative sites were not 'available' was a lawful exercise of planning judgment based on the facts at the time of decision, and did not depend on the identity of the applicant or intended operator. The appeal was dismissed as there was no error of law in the council's or the High Court's approach.
Source excerpt
- Sequential test
- Retail development
- Interpretation of planning policy
- National planning policy framework (nppf)
- Judicial review