Tesco Stores Ltd v Aberdeen City Council, 11 October 2012

Tesco has failed in its attempt to have Aberdeen City Council’s Local Development Plan quashed.  The challenge was heard recently by the Court of Session, with Morton Fraser acting on behalf of the Council.

The background to the challenge involved two retail development sites in Aberdeen.  The Court heard that Tesco was intending to open a store at the former Woodend Hospital Annexe site.  Morrisons have planning permission to develop the former Summerhill school site.

Tesco said a Reporter on the proposed Plan had been concerned about the possibility of two superstores in the west of Aberdeen.  The Council, Tesco said, had acted unlawfully because when it adopted the Plan, it had been aware that the Tesco development was proceeding.  The Reporter had been concerned not to open up the opportunity for there to be two superstores in west Aberdeen. Yet by the time of the adoption, the Council must have been aware that the Plan would have, as its likely outcome, the opposite result.  Adopting the Plan, in light of the knowledge then available of the progress of the Woodend development, thus contradicted the Reporter’s recommendations.

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The full judgement is available here.