Tesco Stores Ltd v SOS Environment and West Oxfordshire DC and Tarmac Provincial Properties Ltd
Language: English Series: Journal of Planning and Environment Law ; 1994 JPL 227-242(16)Publication details: 1994Subject(s): Summary: 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| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | X1294 (Browse shelf(Opens below)) | 1 | Available | 16052-1001 |
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