Zurich Assurance Ltd (t/a Threadneedle Property Investments), R (on the application of) v North Lincolnshire Council & Anor

Paul G Tucker QC and Anthony Gill (instructed by Nabarro LLP) for the Claimant Vincent Fraser QC and Alan Evans (instructed by Legal Services Department, North Lincolnshire Council) for the Defendant Christopher Katkowski QC and Graeme Keen (instructed by Gordons LLP) for the Interested Party Hearing date: 17 December 2012 ____________________

i) full planning permission was granted on 3 April 1986 to retain a restaurant, lounge and patio area;

ii) outline planning permission was granted on 9 August 1990 to erect buildings to create a non-food retail warehouse park (although that was never implemented, and has of course long since lapsed); and

iii) there is significant evidence that the Site has in fact been used for very wide retail use � far wider than allowed by Condition 2 � for some considerable time (e.g. the Secretary of State's decision letter of 9 August 1990 refers to the garden centre having "already some� 4,500 sq m of retail floorspace used for the sale of a wide range of goods").

That resolution very much followed the wording of the officer's formal recommendation at pages 63-4 of the Main Report.