Tesco Stores Ltd v SOS Environment and West Oxfordshire DC and Tarmac Provincial Properties Ltd
Tesco Stores Ltd v SOS Environment and West Oxfordshire DC and Tarmac Provincial Properties Ltd
- 1994
- Journal of Planning and Environment Law 1994 JPL 227-242(16) .
Retail Food Stores - policies in emerging local plan - access arrangements - impact on traffic - applicant`s offer of funding for highway improvements - link between development of food store and highway funding - local plan Inspector`s preference for site of one food store and Council`s acceptance - whether part of local development plan process - weight to be accorded to such preference planning obligations Circular 16/91 paras B8 and B9 - SoS granted planning permission for a site different to that preferred by local plan inspector and refused the application by Tesco - appeal to High Court decision quashed SoS entitled to give little weight to the local plan inspector`s preference after having expressly considered it - use and application of tests in Annex B of Circular 16/91 not appropriate in the case where an offer from a proposed developer is under consideration - tests of B8 and B9 are not the legal test of materiality R v Plymouth CC applied - there was a fair and reasonabl
CIRCULAR 16/91
HIGHWAYS
R V PLYMOUTH CITY COUNCIL
RETAIL DEVELOPMENT
Retail Food Stores - policies in emerging local plan - access arrangements - impact on traffic - applicant`s offer of funding for highway improvements - link between development of food store and highway funding - local plan Inspector`s preference for site of one food store and Council`s acceptance - whether part of local development plan process - weight to be accorded to such preference planning obligations Circular 16/91 paras B8 and B9 - SoS granted planning permission for a site different to that preferred by local plan inspector and refused the application by Tesco - appeal to High Court decision quashed SoS entitled to give little weight to the local plan inspector`s preference after having expressly considered it - use and application of tests in Annex B of Circular 16/91 not appropriate in the case where an offer from a proposed developer is under consideration - tests of B8 and B9 are not the legal test of materiality R v Plymouth CC applied - there was a fair and reasonabl
CIRCULAR 16/91
HIGHWAYS
R V PLYMOUTH CITY COUNCIL
RETAIL DEVELOPMENT