Warners Retail (Moreton) Ltd v Cotswold District Council

Judgment

Mr Justice Supperstone :

Introduction

The Claimant, Warners Retail (Moreton) Ltd, challenges the decision of the Defendant (“the Council”) made on 12 December 2013 to grant planning permission to the First Interested Party, Minton Health Care Ltd and Glamar Leisure Ltd, for a new food store at Fosse Way Farm, Stow Road, Moreton-in-Marsh, Gloucestershire (“the Minton site”).

The Claimant is the owner of an existing food store within Moreton-in-Marsh, trading as Budgens, which will be directly affected by the permitted store if it is brought into operation.

The Council is the local planning authority for Cotswold District.

On 14 March 2014 Lewis J granted permission to apply for judicial review.

The Factual Background

The planning application for the Minton site was placed before the Council’s planning committee on 11 September 2013 when it resolved to grant permission. However the application was brought back to the Committee on 11 December 2013 to consider further objections by the Claimant and other persons when the Council again resolved to grant planning permission.

Permission was granted on 12 December 2013 for the following development:

“ Demolition of existing buildings and erection of food store with associated parking. Landscaping and ancillary works at Fosse Way Farm, Stow Road, Moreton-in-Marsh. ”

The grant of permission was made subject to a number of conditions. Condition 5 imposed floor space restrictions so that the gross internal floor space shall not exceed 2,736 sq m, and the retail sales area shall not exceed 1,742 sq m. Of the total retail floorspace the area for convenience goods shall not exceed 1,394 sq m, and comparison goods 348 sq m. The application included 150 parking spaces.

The Minton site extends to 2.3 acres. It lies within the Cotswold Area of Outstanding Natural Beauty. It is outside the settlement boundary for Moreton-in-Marsh as delineated in the Cotswold District Local Plan 2001-2011 (“the Local Plan”), and it is located approximately 490 metres from the town centre (described as the Commercial Centre in the Local Plan).

The Budgens store lies at the northern end of the High Street in Moreton-in-Marsh. It is located within the town, albeit not within the designated “town centre” for retail policy purposes. In retail terms the Budgens site is “edge of centre”. It lies approximately 125 metres from the northern edge of the Commercial Centre. It has a net floor space of 909 sq m (1458 sq m gross). It a