Court of Appeal Dismissed Tesco’s challenge to a Rival’s Planning Permission

On 9 May 2025, the Court of Appeal dismissed an appeal brought by Tesco Stores Limited against a decision of the High Court to dismiss its claim for judicial review by which it sought to quash a planning permission given by Stockport MBC to Lidl for a new out of centre food store on Wellington Road North, Stockport.

The judgment of the Court of Appeal, given by Sir Keith Lindblom, Senior President of Tribunals, will be of interest to those involved in retail planning. The judgment addresses a range of matters concerning the interpretation and application of the sequential test in particular how the requirement for potential sequentially preferrable sites to be suitable and available is to be assessed.

More generally, the judgement gives further guidance on the approach which should be taken to interpretation of planning policy and the reasons for this approach.

Douglas Edwards KC appeared for Lidl Great Britain Limited, instructed by Zoe Wright and Amardip Healy of Blake Morgan.

A copy of the judgement in R (Tesco Stores Limited) v Stockport MBC and Lidl Great Britain Limited [2025] EWCA Civ 610 can be accessed here.

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