A HIGH Court judge has dismissed Derwent claims that Tesco bought planning permission from Trafford Council by offering £21m to regenerate Lancashire County Cricket Club (LCCC).

At Manchester Civil Justice Centre on March 10, Judge David Waksman QC threw out Derwent claims that Trafford Council’s decision had been unlawful.

It followed a two-day Judicial Review brought by Derwent, owner of White City Retail Park, against Trafford Council.

Derwent claimed that because Tesco and LCCC submitted a joint planning application - which had to be considered separately and then voted on as a whole - they created an ‘impermissible link’ between the two plans which ‘violated the principle of separate consideration’.

They said permission for the Tesco store was ‘bought’ by this link between the two applications.

But Judge Waksman dismissed this claim, stating it was clear that planning regulations were not disregarded because of the link.

Derwent were also critical of Trafford Council’s planning processes relating to the planning committee meeting last year when their plans for a Sainsbury’s store were rejected and Tesco’s plans were approved.

According to Derwent, the council’s ‘unsophisticated’ system meant that a second speaker - Derwent’s planning agent Mr Highton - was not allowed access into the committee or informed in advance that he would be allowed to speak on behalf of the application.

Judge Waksman did accept that Derwent had been the victim of non-deliberate ‘procedural unfairness’, but said it was clear that even if Mr Highton had been able to speak it was unlikely he could have affected the outcome.

In a 21-page document, Judge Waksman set out his reasons for dismissing Derwent’s claim that the council had not followed procedure and ruled in favour of Trafford Council.

Derwent have 21 days to appeal the decision.