Wandsworth LBC v SoS Transport
Wandsworth LBC v SoS Transport
- 2003
- Estates Gazette Case Summaries [2003] 09 EG 196 (CS) .
[2003] EWCA Civ 142, 19 February 2003. The interested party applied to Lambeth LBC for planning permission to build a supermaket within a conservation area. The land fell partially within the appellant's borough and Lambeth. Lambeth categorised the shopping units as a 'neighbourhood centre' whilst the appellants classified them as 'important local parades'. SoS called in an application and applied guidance from PPG6, RPG3 and the Caborn statement. The planning inspector recommended that planning permission be refused on conservation grounds. SoS rejected the inspector's recommendations as it was a 'site within an existing centre' according to the Caborn statement. The appellants appealed. CA upheld the SoS's decision who had correctly applied "R v SoS Environment and another ex p Tesco Stores Ltd". (QBD X113014). Appeal dismissed. View judgment at www.courtservice.gov.uk.
CABORN STATEMENT
RETAIL DEVELOPMENT
PLANNING PERMISSION
CONSERVATION AREAS
WANDSWORTH LBC V SOS TRANSPORT
SUPERMARKETS
R V SOS ENVIRONMENT AND ANOTHER EX P TESCO STORES LTD
[2003] EWCA Civ 142, 19 February 2003. The interested party applied to Lambeth LBC for planning permission to build a supermaket within a conservation area. The land fell partially within the appellant's borough and Lambeth. Lambeth categorised the shopping units as a 'neighbourhood centre' whilst the appellants classified them as 'important local parades'. SoS called in an application and applied guidance from PPG6, RPG3 and the Caborn statement. The planning inspector recommended that planning permission be refused on conservation grounds. SoS rejected the inspector's recommendations as it was a 'site within an existing centre' according to the Caborn statement. The appellants appealed. CA upheld the SoS's decision who had correctly applied "R v SoS Environment and another ex p Tesco Stores Ltd". (QBD X113014). Appeal dismissed. View judgment at www.courtservice.gov.uk.
CABORN STATEMENT
RETAIL DEVELOPMENT
PLANNING PERMISSION
CONSERVATION AREAS
WANDSWORTH LBC V SOS TRANSPORT
SUPERMARKETS
R V SOS ENVIRONMENT AND ANOTHER EX P TESCO STORES LTD