The High Court has upheld the decision of the secretary of state to grant planning permission for a foodstore in Westminster. Dentons successfully acted for Sainsbury’s Supermarkets at a five-day inquiry in 2013 following the refusal of two planning applications by the City of Westminster.
In allowing Sainsbury’s appeal, the planning inspector found the moderate level and limited duration of the adverse impact caused by food retailing at the premises was acceptable in light of its location in a noisy city-centre location where noise levels already exceed the guidelines of the World Health Organization.
Dentons advised Sainsbury’s on the subsequent statutory challenge initiated by the City of Westminster to that decision.
Dismissing part of Westminster’s claim as ‘entirely unmerited’, the High Court held that the planning inspector had reached a decision he was entitled to make in the exercise of his planning judgment on the material before him and gave sufficient reasons to enable those concerned to understand why he reached that decision. The court upheld the grant of the two planning permissions.
The Dentons team comprised Stephen Ashworth and Katie Scuoler.