Share on LinkedInShare on LinkedIn

ARTICLE · 13 NOVEMBER 2017

Sorry Case History Shows Planning In Poor Light

Dentons
Dentons
Contributor
Dentons

Dentons

The Firm Across over 80 countries, Dentons helps you grow, protect, operate and finance your...

View firm profile
Explore more from Dentons

The facts in the recent Coleford Aldi case illustrate much of what is wrong with planning at the moment. The decision is a useful reminder of some useful basic principles ...

United KingdomReal Estate and Construction

The facts in the recent Coleford Aldi case illustrate much of what is wrong with planning at the moment. The decision is a useful reminder of some useful basic principles that the Court applies when considering challenges, and which should be expanded to discourage poor planning.

In 2013 a town centre site was promoted for Tesco in Coleford. Tesco withdrew from the site in 2014 after planning permission had been granted. In 2015 Aldi were refused planning permission for a competing out-of-centre site, on both retail impact and sequential test grounds. A year later Aldi made a new application. The underlying scheme was virtually identical.

The application was supported by a retail impact assessment. The council commissioned consultants who reached opposing conclusions on both impact and sequential issues. As is becoming tediously common Aldi submitted a written opinion from their QC. The council then procured an alternate opinion from a QC. As in 2015, the council's

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from