Mansfield District Council had given permission to developer Regal Sherwood Oaks for a food store of 1,925 square metres at Sherwood Oaks Business Park, for which the intended occupier was Aldi.

Developer Aldergate Properties challenged this citing an adverse impact on its development in the town centre contrary to the sequential test in planning policy designed to protect town centre retailing from out-of-town rivals.

Aldergate argued that the council erred in its approach to the sequential test, imposed a condition personal to Aldi without considering relevant planning policy objections to this and failed to consider whether the proposal accorded with the development plan.

In his judgment, Ouseley J said Mansfield had misinterpreted the National Planing Policy Framework as the necessary sequential test has not been carried out and a material factor has not been taken into account.

He also did not accept that the planning committee would have been aware of guidance on personal conditions “in the absence of specific evidence to that effect.

“This is not just because this is not a very common point, but also because the evidence produced by the district council did not show that their training had covered this particular aspect of conditions, and nothing more was forthcoming despite requests.”

He also found the council had misinterpreted its development plan.”