Tesco Stores Ltd v Secretary of State for the Environment and Others [1995] UKHL 22
The point in plain English: Whether something is capable of being a material planning consideration is a question of law. How much weight to give that consideration is normally a matter of planning judgment.
What the House of Lords decided
Tesco offered through a planning obligation to fund a major link road while competing for permission for a superstore. The road had some connection with the proposed development, but the Secretary of State regarded that connection as tenuous and gave the offer little weight.
The House of Lords upheld the decision. An offered planning obligation with no relevant connection to the development cannot become a material consideration simply because the developer offers it. Where there is a real, non-trivial connection, regard must be had to it — but the decision-maker decides what weight it deserves, subject to ordinary public-law limits.
Planning permission cannot be bought
The judgment draws a firm distinction between a lawful planning consideration and an unrelated benefit offered as the price of permission. It is also important to keep the legal validity of a planning obligation separate from the question whether the benefit it offers is material to a particular planning decision.
See Planning Geek’s guides to section 106 agreements and material considerations.
Important legal note: Planning Geek is a planning consultancy, not a law firm. This page provides general planning information and is not legal advice. Case law must be read in its factual and legal context and may be affected by later judgments, legislation or policy. Where the original judgment is available, it remains the authoritative source. If the outcome matters to a live case or dispute, take advice from an appropriately qualified planning solicitor or barrister.
Copyright and licensing: Crown copyright and other rights in judgments and source material remain with the relevant rights holders. Where a judgment is reproduced from Find Case Law, it is used under the Open Justice Licence and the source should be acknowledged. Material obtained from other sources is reproduced only where the applicable terms permit it. Planning Geek does not claim copyright in the text of court judgments.