News Article
Court of Appeal Dismisses Tesco’s Challenge to Lidl Store Approval
Court of Appeal Dismisses Tesco’s Challenge to Lidl Store Approval
15th May 2025
On 9 May 2025, the Court of Appeal dismissed Tesco’s legal challenge against a previous High Court decision regarding Stockport Metropolitan Borough Council’s decision to approve Lidl’s proposed store at Wellington Road North, Heaton Norris, Stockport.
This is a nationally significant judgement with respect to the retail sequential test.
Tesco argued the Council misapplied the retail sequential test in national planning policy by overlooking two potentially preferable sites. At the time of the decision, both sites had confirmed interest from competing retailers but neither site was open and trading.
The Court agreed with the Council’s view that those sites were not genuinely available, as they were already committed to other occupiers.
The judgment of the Court of Appeal, given by Sir Keith Lindblom, Senior President of Tribunals, is significant in reaffirming the discretion planning authorities have when interpreting availability and exercising planning judgment—particularly in retail cases where alternative sites may not be available in practice.
Rapleys was pleased to act for Lidl Great Britain Limited in securing planning consent and supporting their position throughout the judicial review process.
Jonathan Harper, Partner in Rapleys Planning Team, said:
“This judgement provides important clarification as to how an assessment of availability for the purposes of the retail sequential test should be undertaken.
There had previously been some ambiguity around this point, following the Aldergate Properties Ltd and Mansfield District Council High Court Decision which was issued in July 2016.
It is extremely positive that the retail case put forward by Rapleys, which was accepted by Stockport Council in their decision, has been found sound by both the High Court and Court of Appeal.”
Please get in touch with our Planning Team if you’d like to understand the wider implications of this judgment or to discuss your potential development sites.
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