| Source: | All England Reporter |
| Publisher Citation: | [1998] All ER (D) 438 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Nourse, Waller LJJ and Sir Iain Glidewell |
| Representation | Keith Lindblom QC (instructed by Eversheds) for Bannertown. |
| Alun Alesbury (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 6 October 1998 |
Catchwords
Planning - Proposal to develop non-food retail warehouse park on outskirts of town - Permission refused by Secretary of State because of risk of harm to town centre - Whether permission could be refused only if there was conclusive proof that development would harm town centre.
The Case
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