Tesco Stores Ltd v Secretary of State for the Environment
[1995] 1 WLR 759
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
Planning obligations (s.106 agreements) are material considerations in determining planning applications. However, the weight to be given to such obligations is a matter for the decision-maker, and they must be fairly and reasonably related to the development.
Facts
Tesco offered to fund a new access road as a planning obligation to secure permission for a superstore. A rival developer challenged the grant of permission.
Judgment Summary
The House of Lords held that planning obligations are material considerations. The decision-maker must consider whether they serve a planning purpose, are necessary, and are reasonably related to the development.
Key Quotes
"The weight to be given to a material consideration is entirely a matter for the decision-maker."
— Lord Keith
Subsequent Treatment
Routinely cited in s.106 and planning obligation cases.
What To Do Next
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