Published Monday, 23rd September 2024
Reigate & Banstead Borough Council has successfully defended a High Court challenge from Tesco Stores Ltd regarding a planning application decision for a Lidl store in Horley.
The challenge related to the approval by the Council’s Planning Committee for the redevelopment of The Air Balloon pub to create a new Lidl store, which would replace their existing store in the town.
Tesco sought to argue that the Council had not given sufficient reasons for the approval, given the harm to the demolition of the locally listed Air Balloon pub building and the setting of the listed war memorial opposite. However, the judge, Mr James Strachan KC sitting as a Deputy Judge of the High Court agreed that the socio-economic benefits cited in the Committee’s decision were sufficient to grant planning permission and so dismissed the challenge.
Balancing exercise
Cllr Parnall, Chairman of the Reigate & Banstead Borough Council’s Planning Committee, said: “This is an excellent judgement which upholds the decision of the Planning Committee. Most planning applications give rise to some level of harm which must be balanced against the benefits of a proposal. This balancing exercise was robustly debated at the Planning Committee meeting and the Committee was fully entitled to come to the decision it did, as this judgement demonstrates.”
Lidl submitted the application in July 2022 for the demolition of the Air Balloon Pub and replacement with a new store. The application was considered by the Planning Committee in October 2023 and permission was granted planning permission contrary to the recommendation in the officer’s report, as is their prerogative. Following the decision, Tesco requested permission to apply for judicial review of the decision on three grounds. They were given permission on one of their three grounds which was the approach to s.66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the standard of reasons required where members depart from the advice of their officers. The case was heard at the High Court on 5 June 2024. Judgement was handed down on 11 September 2024.
More info
- Link to planning application: Planning application ref 22/01400/F
- Link to High Court judgement: Tesco Stores Ltd, R (On the Application Of) v Reigate and Banstead Borough Council [2024] EWHC 2327 (Admin) (11 September 2024) (bailii.org)