Regina (on application of Cathco Property Holdings Limited)(Claimant) v Cygnor Gweynedd Council (Defendant) and Finneys Limited (Interested Party) [2008] EWHC 1462 (Admin)

This was a judicial review heard by Mr Justice Collins.  The Defendant had granted Finney’s planning permission to extend their retail business, which was regarded as out of town.  The Claimant ran a retail store within the town.  The Claimant was concerned that the Interested Parties extension would have a detrimental impact on it’s own business and therefore contrary to the Gwynedd Structure Plan 1993.  The Structure plan allowed for retail developments that could not be accommodated within the town providing they did not have a detrimental effect on the vitality and viability of any town center as a whole.

In his judgment Collins J criticised the officers report that was placed before the committee for not detailing what the need for the development was.  Collins J relied on the decision in Oxton Farms v Selby District Council that provides that there can sometimes be merit in a judicial review on the basis that the officers report significantly misleads the committee about significant matters.  He also pointed out that a report should be read in the context that it is intended to be read by committee members who have a background of knowledge of the local area.

Collins J found that granting of planning permission would lead to unlimited retail use of a substantial part of the new development.  This would have a significant impact of the city center.  This was not consistent with the officer’s views.  He therefore allowed the appeal.