R. (on the application of Asda Stores Ltd) v Leeds CC and Commercial Development Projects Ltd

摘要

Asda Stores Ltd ("Asda") appealed against the order of Lieven J, by which she dismissed its claims for judicial review challenging the decision of Leeds CC ("the Council") to grant planning permission on an application made by Commercial Development Projects Ltd, for the redevelopment of a site comprising some 6ha. The proposal was to construct a mixed-use retail-led development comprising retail use, leisure use, non-residential institutions and book makers with associated access, parking and landscaping. Asda owned and operated a large retail store on land next to the application site and objected to the proposal. At the time of the decision to grant planning permission, both the application site and Asda's store lay outside the Middleton district centre as defined in the Leeds Core Strategy, adopted in 2014. At its nearest point the site was about 80m from the district centre. It was an "edge of centre" location for the purposes of the National Planning Policy Framework ("NPPF"). Commercial Development Projects Ltd intended the development to include a Lidl store and a B&M Homestore, having agreed terms with both. B&M had a store in the district centre, which it intended to close. In August 2018, the Council was advised that there would be a limited demand for that unit and that a void period of 18 months was likely.