Jurisdiction(s):
United Kingdom

High Court (England and Wales) quashes Aldi permission: rival out-of-centre supermarket schemes a mandatory material consideration; 'first past the post' approach unlawful

Published on: 15 July 2024

Published by a LexisNexis Planning expert

Legal News

Article summary

LIDL Great Britain Ltd v East Lindsey District Council [2024] EWHC 1641 (Admin) What are the practical implications of this case?

This ruling is notable because it clarifies how decision-makers should handle planning proposals that rival one another. It confirms that a head-to-head comparison becomes a mandatory material consideration only where it is so plainly relevant that declining to undertake it would be irrational. On these facts, that bar was crossed. Crucial elements included a cumulative impact assessment showing that two out of centre supermarkets could cause a significant adverse effect on the town centre, whereas either scheme alone would not. Viewed realistically, this was a contest in which two stores were effectively chasing a single permission. The judgment also highlighted practical issues liable to arise when applications are processed at the same time. It found that administrative convenience could not justify avoiding an evaluation of the schemes’ relative merits. Nor was the Council’s lack of readiness to make the comparison a defensible excuse...

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