Tesco Stores Ltd v Secretary of State for the Environment
[1995] 1 WLR 759
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.
Fapte
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.
Rezumatul hotărârii
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.
Citate cheie
"The weight to be given to a material consideration is entirely a matter for the decision-maker."
— Lord Keith
Tratament ulterior
Routinely cited in s.106 and planning obligation cases.