Kwik Save has failed to block a new food store in Prestatyn High Street.
In the High Court Harrison J refused leave for judicial review of Denbighshire councils consent for Mercian Developments’ scheme.
Ruling that the council’s decision was not unreasonable, the judge also held that there was no necessity for site notices to specify that the scheme was a departure from the local development plan.
In its application Kwik Save argued that planners had failed to give sufficient weight to the impact that the scheme would have on land allocated in the local development plan for employment use.
R v Denbighshire County Council, ex parte Kwik Save Group plc, Queen’s Bench Division (Harrison J), 22 March 1999
Timothy Straker QC and Harriet Murray (instructed by Halliwell Landau, of Manchester) appeared for Kwik Save; Timothy Corner (instructed by the solicitor to Denbighshire County Council) appeared for the respondents; Duncan Ouseley QC and Martin Chamberlain (instructed by Berwin Leighton) appeared for Tesco Stores Ltd, an interested party.
PLS News 23/3/99
