The applicant sought permission for a supermarket. It would fall mostly within the Lambeth area, but also in part in a neighbouring borough. One classified the development as a ‘neighbourhood centre’, but the appellant authority classified the shops as ‘important local parades’. The inspector found that it was not in a town centre within the guidance, and so was not a preferred area for development. The Secretary of State said the term ‘town centre’ in the Caborn statement should be interpreted more widely, and that under such interpretation, it was a centre development.
Held: The Caborn statement was capable of the wider interpretation applied (Tesco). The secretary had had no obligation to refer to the actual function served by the centre, and could rely upon the reasons given by the inspector. The appeal was dismissed.
Judges:
Lord Justice Laws Lord Justice Jonathan Parker Lord Justice Ward
Citations:
Gazette 27-Feb-2003, [2003] EWCA Civ 142
Links:
Statutes:
Caborn Statement (written Parliamentary answer of 11 February 1999), Planning Policy Guidance 6 (PPG 6)
Jurisdiction:
England and Wales
Citing:
Cited – Tesco Stores Ltd v Secretary of State for the Environment Transport and the Regions QBD 11-Jan-2001
The Secretary called in a decision of the inspector to permit the building of a supermarket, and reversed the decision, holding that a need had been demonstrated, but that the inspector had been insufficiently flexible in applying the sequential . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 07 June 2022; Ref: scu.179489
