A rival supermarket owner has lost its bid to block the construction of a large Tesco superstore in Stourport-on-Severn, Worcestershire, which it claims could force its shop to close and would “devastate” the town centre.
Midcounties Co-operative Ltd had asked Laws, Smith and Rimer LJJ to quash the planning permission granted by Wyre Forest District Council in May 2008 for the Tesco superstore on
Midcounties claimed that the council had granted permission for a supermarket whose area would be 20% bigger than what was indicated on Tesco’s and developer Santon Group Developments’ planning application.
It argued that the council had acted outside its remit in allowing a store of 2,919 sq m of net sales space rather than the 2,403 sq m indicated in the application.
In March 2009, High Court judge Ouseley J refused to quash that planning permission.
David Holgate QC, counsel for Midcounties, argued in the Court of Appeal that the judge had “seriously erred” in his conclusion and had incorrectly held that the planning permission was clear.
However, Ian Dove QC, for the council, argued that the planning permission allowed for a supermarket with a gross external area of no more than 4,209 sq m, with a net retail area of 2,919 sq m, of which 2,403 sq m would be used for trading.
He argued that the “practical reality” was that the figure of 2,919 sq m included entrances, exits, customer services desks and other vital non-retail facilities.
Dismissing Midcounties appeal, Laws LJ ruled that the planning permission, taken together with the section 106 agreement for the development, provides “a sufficiently clear and certain form of control of the intended actual selling space to 2,403 sq m.
christian.metcalfe@estatesgazette.com
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