HIGH COURT RULES ON THE APPLICATION OF THE PPS4 SEQUENTIAL TEST

In Morbaine Ltd v. (1) Secretary of State for Communities and Local Government and (2) Aylesbury Vale District Council [2011] EWHC 681 (Admin), the High Court rejected a challenge based on an alleged misinterpretation of the sequential test in PPS4 by the Inspector.  HH Judge Pelling QC upheld the Inspector's approach of applying the sequential test to an application for a new store in a proposed centre on the basis that the store was of a materially greater size than that allocated in the development plan.  Hereward Phillpot represented the local planning authority in the public inquiry and in the subsequent High Court hearing.