RIVAL APPLICATIONS

July 24th, 2024 by James Goudie KC

Where Lidl and Aldi had each applied for planning permission to develop a discount supermarket on different parcels of land outside a Town Centre, but within the same settlement, it had been unlawful for the LPA to have granted planning permission to Aldi without comparing its proposal to that of Lidl. The need to undertake a comparison is a ” material consideration” only if it is so obviously material that it would be irrational not to assess it. However, here that high threshold was met on the facts so held in LIDL v EAST LINDSEY DC (2024) EWHC 1641 ( Admin ).

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