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 919-937(19) .
CA 25 May 1994. Retail food superstore. Construction of relief road. Effect of superstore on highway congestion. Relevance of offer to construct. Was the relief road an unrelated benefit? Relevance of preference of locall plan Inspector. Application of Annex B of Circular 16/91. Tests in Newbury. Section 106 obligation. Relevance of test of necessity - immateriality of consideration relating to provision of road. Legality of Annex B. Weight of a material consideration issue for SoS. Decision of SoS upheld by CA, reversing the High Court. (Headnote from Journal)
DOE CIRCULAR 16/1991
PLANNING APPLICATIONS
SUPERSTORE
CA 25 May 1994. Retail food superstore. Construction of relief road. Effect of superstore on highway congestion. Relevance of offer to construct. Was the relief road an unrelated benefit? Relevance of preference of locall plan Inspector. Application of Annex B of Circular 16/91. Tests in Newbury. Section 106 obligation. Relevance of test of necessity - immateriality of consideration relating to provision of road. Legality of Annex B. Weight of a material consideration issue for SoS. Decision of SoS upheld by CA, reversing the High Court. (Headnote from Journal)
DOE CIRCULAR 16/1991
PLANNING APPLICATIONS
SUPERSTORE