Edgar Road Property Company LLP v. Moray Council

Judicial Review of a decision of the first respondents to allow the sale of open class 1 non-food goods from Units 2a, 2b and 2c at Springfield Retail Park, Edgar Road, Elgin

"There is a presumption against approval of ... out-of-centre developments unless the developer can demonstrate either that the proposal would only ( sic ) comply with the Moray 2000 development plan retailing strategy, including provisions within individual town plans, or justify a departure from them. That demonstration will have to include consideration of alternative sites within and closer to the defined town centres, and the likely effect on their viability and vitality. In so doing, developers will be particularly, but not exclusively, required to give consideration to the following:

i) the demand for additional retail provision and the likely impact upon the existing types of retailing in the town centre ... likely to be affected. The Council will seek a formal Retail Impact Assessment where there is likely to be an adverse impact."

[2 ] The plan specific to Elgin recognises another area of the city as established for retail use. This is the " Edgar Road Retail Park ", which is situated some distance to the south of the city centre. The policy relative to the Retail Park (RET Edgar Road Retail Park ) is as follows:

Proposals for non-food or bulky-goods retailing to take up the approved floor area will be welcomed. Development proposals which would change the character of the retail park, as described in the preceding paragraph will be subject to policy L/R6."