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England and Wales Case Law

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Planning law

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.

  • Sequential test
  • Retail development
  • Interpretation of planning policy
  • National planning policy framework (nppf)
  • Judicial review
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Planning law [2025] EWCA Civ 610

Tesco Stores Ltd, R (On the Application Of) v Lidl Great Britain Ltd

Tesco Stores Ltd, R (On the Application Of) v Lidl Great Britain Ltd [2025] EWCA Civ 610 (09 May 2025)

The Court of Appeal dismissed Tesco’s challenge to planning permission for a Lidl store, holding the council lawfully applied the NPPF sequential test.

  • Sequential test
  • Retail development
  • National planning policy framework (nppf)
  • Development plan policy
  • Judicial review
  • Interpretation of planning policy
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Planning law

Warners Retail (Moreton) Ltd v Cotswold District Council & Ors

Court of Appeal upheld planning permission for a food store, holding the council lawfully applied the NPPF sequential test and related guidance.

  • Sequential test
  • Retail development
  • Interpretation of planning policy
  • National planning policy framework (nppf)
  • Judicial review of planning decisions
  • Planning-law
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Planning law [2016] EWCA Civ 606

Warners Retail (Moreton) Ltd v Cotswold District Council & Ors

Warners Retail (Moreton) Ltd v Cotswold District Council & Ors [2016] EWCA Civ 606 (24 June 2016)

The Court of Appeal dismissed a challenge to planning permission for a food store in Moreton-in-Marsh, holding that the council lawfully applied the NPPF sequential test.

  • Sequential test
  • Retail development
  • National planning policy framework
  • Planning permission
  • Town centre vitality
  • Local plan policy
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Planning law [2010] EWHC 1581 (Admin)

Tesco Stores Ltd v Secretary of State for Communities and Local Government

Tesco Stores Ltd v Secretary of State for Communities and Local Government [2010] EWHC 1581 (Admin) (29 June 2010)

The High Court dismissed Tesco’s challenge to the refusal of planning permission for a Liverpool superstore, finding no error of law in the Inspector’s reasoning.

  • Planning permission
  • Development plans
  • Judicial review
  • Regeneration policy
  • Retail development
  • Section 38(6) planning and compulsory purchase act 2004
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Planning law [2005] EWCA Civ 520

First Secretary of State & Anor v Sainsbury's Supermarkets Ltd

First Secretary of State & Anor v Sainsbury's Supermarkets Ltd [2005] EWCA Civ 520 (06 May 2005)

The Court of Appeal upheld the Secretary of State’s refusal of planning permission for a Sainsbury’s store extension, finding the reasons were legally adequate.

  • Planning permission
  • Retail development
  • Quantitative need
  • Qualitative need
  • Decision-making reasoning
  • Interpretation of policy
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Administrative law [2004] EWHC 1726 (Admin)

Sainsbury's Supermarkets Ltd, R (on the application of) v First Secretary of State & Anor

Sainsbury's Supermarkets Ltd, R (on the application of) v First Secretary of State & Anor [2004] EWHC 1726 (Admin) (01 July 2004)

The High Court quashed the Secretary of State’s refusal of permission for a Sainsbury’s store extension, holding that he erred in treating quantitative need too narrowly and gave inadequate reasons.

  • Judicial review of planning decisions
  • Retail development
  • Quantitative and qualitative need
  • Planning policy guidance (ppg6)
  • Secretary of state decision-making
  • Reasoning in administrative decisions
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Administrative law [2003] EWCA Civ 142

Wandsworth v Secretary of State for Transport, Local Government and the Regions

Wandsworth v Secretary of State for Transport, Local Government and the Regions [2003] EWCA Civ 142 (19 February 2003)

The Court of Appeal upheld planning permission for a Tesco development, holding that Balham Hill could be treated as an existing centre and no separate need test was required.

  • Interpretation of planning policy guidance
  • Retail development
  • Town centre classification
  • Requirement to demonstrate need
  • Sequential approach in site selection
  • Planning-law
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.