The Competition Commission looks set to be given another stab at introducing the controversial competition test into the planning process.

The Competition Appeals Tribunal (CAT) said it was “minded” to send the issue back to the commission for another go to see if it can address the problems identified by their judgment on 4 March. 

CAT, which upheld Tesco appeal against the test, has yet to give its formal reasoning behind the decision but it is understood that it will give the commission a further six months to get its analysis right.

Tesco corporate and legal affairs director Lucy Neville-Rolfe said it was happy with the latest development.

“This test would block vital investment at a very difficult time and hurt consumers and communities,” she said. “The Competition Commission proposed a six month timetable which indicates that it knows it is a major exercise and that the earlier work was not up to scratch.”