- Cited — Andrew Plant, R (on the application of) v London Borough of Lambeth & Ors 2023-07-11
“…peal should be interpreted objectively in accordance with the language used, read as always in their proper context: see Tesco Stores Ltd v Dundee City Council [2012] PTSR 983 at [18]. I agree with the judgment of Sir Keith Lindblom, the Senior President of Tribunals, which I have seen in draft.…”
- Cited — Glenn Kinnersley, R (on the application of) v Maidstone Borough Council 2023-02-22
“…[2012] UKSC 13, [2012] PTSR 983, and see the summary of relevant principles set out by Holgate J. in…”
- Applied — JB (Ghana), R (on the application of) v The Secretary of State for the Home Department 2022-10-25
“…court should not subject the wording to the kind of fine analysis which might be applied to a statute or a contract: see Tesco Stores Ltd v Dundee City Council [2012] PTSR 983 per Lord Reed. But the document must still be interpreted objectively. As Lord Steyn said in Re McFarland [2004] 1 WLR 1289 at [24], although such documents ne…”
- Cited — William Corbett v Cornwall Council 2022-07-27
“…t make the development plan mean whatever they would like it to mean” (see the judgment of Lord Reed in Tesco Stores Ltd. v Dundee City Council [2012] UKSC 13; [2012] PTSR 983, at paragraphs 17 to 19). But as was said in this court in R. (on the application of Corbett) v Cornwall Council [2020] EWCA Civ 508 (at paragraph 66), “the pr…”
- Cited — The Queen (on the application of Ronald Wyatt, Chairperson of BARAD, acting in a representative capacity) v Fareham Borough Council & Ors. 2022-07-15
“…t (Lord Clyde’s speech in City of Edinburgh, at p.1459D-F, and the judgments of Lord Reed and Lord Hope of Craighead in Tesco Stores Ltd. v Dundee City Council [2012] PTSR 983, at paragraphs 19 and 34 respectively). But there is no prescribed method for discharging the section 38(6) duty, such as a two-stage approach. This is left to…”
- Cited — Lopes, R (On the Application Of) v Secretary of State for the Home Department & Anr 2021-05-27
“…o account that it is not a contract or a statute, and should be given a sensible, practical meaning (Tesco Stores Limited v Dundee City Council [2012] UKSC 13; [2012] PTSR 983, paragraphs 18 and 19).…”
- Cited — Leech Homes Ltd v Northumberland County Council 2021-02-19
“…ent plan. The interpretation of such policies is a question of law rather than one of planning judgment: Tesco Stores Ltd v Dundee City Council [2012] UKSC 13, [2012] PTSR 983. Material considerations include national planning policy.…”
- Cited — Flores, R (on the application of) v London Borough of Southwark 2020-12-15
“…r the court to determine (cf. in a planning context, the well-known passage from Lord Reed’s judgment in Tesco Stores Ltd v Dundee City Council [2012] UKSC 13, [2012] PTSR 983 at [18] and [19]), but the court’s approach to its interpretation should be in accordance with the guidance given by this court in R (Ariemuguvbe) v Islington …”
- Cited — Lochailort Investments Ltd, R (On the Application Of) v Mendip District Council 2020-10-02
“…planning policy is a question of law for the court. It is to be contrasted with the exercise of planning judgment: Tesco Stores Ltd v Dundee CC [2012] UKSC 13, [2012] PTSR 983. The exercise of planning judgment has been described as forbidden territory, into which the court may not stray: Keep Bourne End Green v Buckinghamshire Counc…”
- Applied — Bloomsbury Institute Ltd, R (On the Application Of) v The Office for Students 2020-08-14
“…ation, it should not subject the wording to the kind of fine analysis which might be applied to a statute or a contract: Tesco Stores Ltd v Dundee City Council [2012] PTSR 983per Lord Reed. But it must still be interpreted objectively. We were referred to the well-known observations on the interpretation of policy statements of Lord …”
- Cited — Cotter (A Child), R (On the Application Of) v The National Institute for Health And Care Excellence (NICE) & Anor (Rev 1) 2020-08-06
“…Citing the well-known passage from Lord Reed’s judgment in Tesco Stores Ltd v Dundee City Council [2012] UKSC 13, [2012] PTSR 983 at [18] and [19], he held that the meaning of the document was for determination by the court, interpreting the document objectively in accordance with the lan…”
- Cited — Wiltshire Council v Cooper Estates Strategic Land Ltd 2019-05-16
“…may pull in different directions: Tesco Stores Ltd v Dundee CC [2012] UKSC 13, [2012] PTSR 983. Supporting text is relevant to the interpretation of the policies; but cannot trump the policies themselves: R (Cherkley Campaign Ltd) v Mole Valley DC [2014]…”
- Cited — Waterstone Estates Ltd v The Welsh Ministers 2018-07-06
“…The true interpretation of policy is a matter of law for the court to determine (Tesco Stores Ltd v Dundee City Council [2012] UKSC 13; [2012] PTSR 983 (“Tesco Stores v Dundee”) at [17]-[22] per Lord Reed JSC). However, such broad statements of policy as are found in the Local Plan and PPW are not to be constr…”