Tesco Stores v Highland Council & Anor [2011] ScotCS CSOH_11 (25 January 2011)

Tesco Stores v Highland Council & Anor [2011] ScotCS CSOH_11 (25 January 2011)

The Council properly applied the sequential test, considering the Tesco site as committed and unavailable for the Asda proposal. The planning authority was entitled to grant permission for an additional store based on sufficient retail capacity and impact assessments. No error of law, irrationality, or improper conduct by councillors was established.

Citation
[2011] ScotCS CSOH_11
Parties
Petitioner: Tesco Stores Limited; First Respondent: Highland Council; Second Respondent: Asda Stores Limited
Jurisdiction
Scotland
Judgment Date
25 January 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Petition refused
Legal Topics
Judicial Review of Planning Decisions, Sequential Test in Retail Planning, Councillor Conduct and Bias, Interpretation of Planning Policy
Administrative Law Planning Law Judicial Review of Planning Decisions Sequential Test in Retail Planning Councillor Conduct and Bias Interpretation of Planning Policy

Case Brief

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Parties

Tesco Stores Limited

Petitioner

Highland Council

First Respondent

Asda Stores Limited

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Highland Council misapplied the sequential test in granting planning permission to Asda
  2. 2 Whether councillors' conduct and motivation vitiated the decision due to bias or improper purpose

Ratio Decidendi

The Council properly applied the sequential test, considering the Tesco site as committed and unavailable for the Asda proposal. The planning authority was entitled to grant permission for an additional store based on sufficient retail capacity and impact assessments. No error of law, irrationality, or improper conduct by councillors was established.

Court Disposition

Petition refused

Orders

  • No order to quash the planning permission
  • Tesco's challenge dismissed