Judge hears 'too many Tescos in the Highlands' claim
- Published
A councillor told a meeting considering a planning application for a new Asda store there were "too many Tescos in the Highlands", a court has heard.
Tesco had sought a judicial review of Highland Council's approval of the Asda supermarket planned for Tain.
Lord Malcolm, at the Court of Session in Edinburgh, has refused Tesco's bid.
The judge said that in coming to his decision he had not overlooked Richard Durham's alleged comment about "too many Tescos" at a planning committee.
Tesco, which has opened a store in Tain, went to court for a judicial review of Highland Council's decision to grant Asda permission in principle in April last year.
It challenged the approval for Asda's out-of-centre supermarket claiming there was a failure to properly interpret and apply relevant retail policies.
Tesco also said certain councillors voted in favour of its rival's plan "simply because of a desire to stop or undermine the Tesco development".
'Loud applause'
Callum Ford, of Tesco, told the court that during the debate Mr Durham had noted the community support for the application and "specifically Asda".
Mr Ford claimed: "He commented that there were 'too many Tescos in the Highlands'. This resulted in loud applause and cheers."
Lord Malcolm said he had not ignored the councillor's alleged comment.
He added: "That kind of remark might be of significance if there was no sensible or sound basis to reach the decision taken.
"However, where there is such a foundation, I consider that it would be wholly unreal and disproportionate to strike down the decision because of a stray irrelevant or prejudicial remark made by one councillor at the meeting."
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