Tesco Stores Limited v Dundee City Council and Asda Stores, 11 February 2011

Inner house case considering the appeal of a decision of Lord Brailsford (summarised in Real Estate Bulletin, 24 September 2010) which upheld the planning authority’s decision to grant permission for an Asda Store at a site in Myrekirk Road in Dundee. Tesco argued that the planning committee had failed to properly apply the “sequential test” (which involves considering suitable alternative sites for development from the town centre outwards) set out in the development plan and planning policy and also claimed that the planning committee had failed to take account of the Lochee Physical Regeneration Framework.

The Inner House refused the appeal finding the planning authority had accepted that the site did not meet the policy criteria but that the decision was nevertheless justified by other considerations. The Inner House was also not persuaded that the framework document was a material consideration and that found that the committee had nevertheless considered the impact of the proposed superstore on Lochee.