Estates and Agency Properties Ltd, Regina (on The Application of) v Barking and Dagenham and Another: Admn 21 Dec 2012

The claimant sought judicial review of the decision of the respondent to grant planning permission to Tescos to extend their supermarket.
Held: Review was refused. The application succeeded on one of the four grounds claimed, but that defect in the decision making process was insufficient to justify setting the permission aside. The officers had not sufficiently clearly interpreted the local and national planning policies as to how they impacted on the applications, and in particular whether a refusal would act as a disincentive to the planning applicants.
Wilkie J
[2012] EWHC 3744 (Admin)
Bailii
England and Wales
Citing:
CitedTesco Stores Ltd v Secretary of State for the Environment and Others HL 11-May-1995
Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for . .
Gazette 05-Jul-95, Gazette 21-Jun-95, [1995] 1 WLR 759, [1995] UKHL 22, (1995) 70 P and CR 184, [1995] 2 All ER 636, [1995] 2 EGLR 147, [1995] EG 82, [1995] 2 PLR 72, [1995] 27 EG 154
CitedTesco Stores Ltd v Dundee City Council SC 21-Mar-2012
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not . .
[2012] UKSC 13, UKSC 2011/0079, [2012] PTSR 983, [2012] 13 EG 91, 2012 GWD 12-235, [2012] 2 P and CR 9, [2012] JPL 1078, 2012 SLT 739, [2012] 13 EG 91
CitedSalford Estates [No 2] Ltd, Regina (on The Application of) v Dalton Park Ltd and Others Admn 19-Sep-2012
The court was asked whether the town of Peterlee could truly accommodate four large retail stores.
Held: The claim for review was rejected.
Richardson QC Judge said: ‘It is also a paradigm of the system of planning control in England and . .
[2012] EWHC 2512 (Admin)

These lists may be incomplete.
Updated: 13 December 2020; Ref: scu.467640