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Aegon UK Property Fund & Scottish Widows plc v Cherwell DC & LXB [2013] EWHC 2572 (Admin) and 3968 (Admin)

DATE: 17 Dec 2013

The High Court (Burnett J) dismissed two conjoined applications for judicial review of a decision by the Council to grant planning permission to LXB for a large retail development on an out-of-town site. The case involved issues arising in relation to the sequential and impact tests in national policy and s.106 obligations. The Claimants (owners of existing retail centres) are seeking permission to appeal to the Court of Appeal on the s.106 issue.

Graeme Keen (led by Christopher Katkowski QC) are instructed by the Interested Party LXB.