Tesco challenged the grant of permission for a new Lidl store on two grounds. First, the Council failed to comply with its statutory duty under section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to give great weight to the preservation of the setting of a Grade II listed building. Second, the Council failed to give any, or any adequate, reasons for its findings that the identified harms of the proposal were outweighed by the benefits. 

James Strachan KC sitting as a DHCJ held that the first ground was unarguable and dismissed the claim on the second ground. The judgment provides a helpful summary of the key legal principles concerning the approach to heritage matters under section 66, the appropriate standard of reasons when a committee departs from an officer’s recommendation and the use of committee transcripts in judicial review challenges. 

Craig Howell Williams KC and Michael Feeney acted for the successful Interested Party, Lidl Great Britain Ltd. 

A copy of the judgment can be found here.