R (Tesco Stores Limited) v. (1) Forest of Dean District Council (2) Asda Stores Limited and Others  EWHC 3348 (Admin)
In October 2013 the Planning Committee of the Forest of Dean District Council decided, against an officer recommendation, to grant planning permission for a Sainsbury store on an out-of-town site near Lydney, albeit subject to certain conditions yet to be determined and to a section 106 agreement. When the Planning Committee so resolved, another application for an out-of-town site near Lydney was in the wings – for an Asda store on the “Federal Mogul site”. Faced with the resolution in favour of Sainsbury, Asda were clearly prejudiced. In particular, officers had recommended against the Sainsbury proposal on retail impact grounds; if Members were nonetheless minded to approval that proposal, the retail impact argument against the further Asda store would become that much harder to meet.
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