The owner of a Barking retail park has challenged the local council’s decision to grant permission for an extension to a nearby Tesco superstore, which it claims threatens its own plans for expansion.
Estates and Agency Properties Ltd, owner of the Abbey Retail Park, is seeking a ruling quashing the London Borough of Barking and Dagenham’s grant of planning permission to Tesco on 15 September 2011.
Wilkie J has reserved his decision in the case.
Estates and Agencies claims that the extension of the Tesco store in Highbridge Road will damage the future chances of a comprehensive redevelopment of the Abbey Retail Park.
It says that the planning permission was issued in breach local planning policy for the retail park that includes a requirement for a retail superstore.
It claims that the council erred in law by not referring the application to the secretary of state as a departure from the development plan.
It argues that the authority failed to take material considerations into account, and based its decision on the basis of an irrational finding about potential retail impact on the existing and proposed Asda stores in the area.
However, Tesco argues that the Area Action Plan (AAP) does not require a superstore to be provided on the retail park, and that there remains no prospect of any comprehensive proposal for the retail park coming forward in the foreseeable future.
It says that the council set out its reasons why it judged the proposal not to significantly prejudice the implementation of the AAP in respect of Abbey Retail Park.
It claims that the council did not consider that the future proposals for the retail park would be prejudiced by a small extension to an existing store.
Estates and Agency Properties Ltd v The London Borough of Barking and Dagenham Administrative (Wilkie J)
Natalie Lieven for the claimant
Rupert Warren for the interested party (Tesco Stores)
