IN THE PETITION OF TESCO STORES Ltd FOR JUDICIAL REVIEW OF A DECISION OF PERTH AND KINROSS COUNCIL DATED 13 NOVEMBER 2013 [2014] ScotCS CSOH_153 (23 October 2014)

IN THE PETITION OF TESCO STORES Ltd FOR JUDICIAL REVIEW OF A DECISION OF PERTH AND KINROSS COUNCIL DATED 13 NOVEMBER 2013 [2014] ScotCS CSOH_153 (23 October 2014)

The Council lawfully exercised its planning judgment in deleting clause 6 of the section 75 agreement. The committee had regard to the relevant development plan policy, accepted that temporary detriment to the road network was permissible, and provided adequate reasons. There was no misinterpretation of policy, irrationality, or failure to give reasons. The decision was not susceptible to judicial review on the grounds advanced by Tesco.

Citation
[2014] ScotCS CSOH_153
Parties
Petitioner: Tesco Stores Limited; Respondent: Perth and Kinross Council; Interested Party: Sainsbury’s Supermarkets Limited
Jurisdiction
Scotland
Judgment Date
23 October 2014
Procedural Posture
Judicial Review / Outer House, Court of Session – Opinion
Outcome
Petition refused
Legal Topics
Modification of Planning Obligations, Interpretation of Development Plan Policies, Judicial Review of Planning Authority Decisions, Section 75 Agreements (town and Country Planning (scotland) Act 1997)
Administrative Law Planning Law Local Government Law Modification of Planning Obligations Interpretation of Development Plan Policies Judicial Review of Planning Authority Decisions Section 75 Agreements (town and Country Planning (scotland) Act 1997)

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Parties

Tesco Stores Limited

Petitioner

Perth and Kinross Council

Respondent

Sainsbury’s Supermarkets Limited

Interested Party

Procedural Posture

Judicial Review / Outer House, Court of Session – Opinion

Legal Issues

  1. 1 Whether the Council lawfully deleted clause 6 of the section 75 agreement, decoupling commencement of trading from letting of the road improvement contract
  2. 2 Whether the Council properly interpreted and applied the relevant development plan policies, specifically the 'no net detriment' policy
  3. 3 Whether adequate reasons were given for the decision and whether the decision was rational

Ratio Decidendi

The Council lawfully exercised its planning judgment in deleting clause 6 of the section 75 agreement. The committee had regard to the relevant development plan policy, accepted that temporary detriment to the road network was permissible, and provided adequate reasons. There was no misinterpretation of policy, irrationality, or failure to give reasons. The decision was not susceptible to judicial review on the grounds advanced by Tesco.

Court Disposition

Petition refused

Orders

  • Petition for judicial review refused; decision of Perth and Kinross Council to delete clause 6 of the section 75 agreement upheld.