Su­per­mar­ket vows to fight in store row

The Peterborough Evening Telegraph - - Thornton on thursday - By David Sey­mour

Bosses of re­tailer Sains­bury’s have vowed to take fur­ther court ac­tion af­ter Fen­land District Coun­cil ap­proved a ri­val’s food store plans. Sains­bury’s have shrugged off an ini­tial le­gal set­back af­ter judges in the High Court re- fused to hear an ap­pli­ca­tion fromthe­su­per­mar­ket­giant­for an ur­gent ju­di­cial re­view.

Mr Jus­tice Hick­in­bot­tom said such a hear­ing would be “at the ex­pense of other cases and other par­ties”.

Sains­bury’s had lodged pa­pers in the hope that there would­bea­hear­ing­be­foreJan­uary23, when­thedis­trict­coun­cil is due to re­con­sider its ap­pli­ca­tion for a new food­store in Eas-

Sains­bury’s plan trea Road.

In Au­gust, the author­ity’s plan­ning com­mit­tee granted per­mis­sion for Sains­bury’s to build the out­let, but a month later granted pre­vi­ously re­jected pro­pos­als from Tesco for a food­store in the same road.

Sains­bury’s had taken the court ac­tion af­ter the coun­cil hadrefused­todis­close le­gal ad­vice which led to the author­ity send­ing both­ap­pli­ca­tions back to com­mit­tee.

The chain ad­mit­ted to be­ing “dis­ap­pointed” at the High Court’s de­ci­sion not to hear the ap­pli­ca­tion, but stressed node­ci­sion had­been­madeon­thej­u­di­cial re­view it­self.

A spokesman said: “This ju­di­cial re­view will be held and, even if a hear­ing can­not now take­place­be­foreFen­land­coun­cil’s com­mit­teemeetingonJan­uary 23, the is­sues Sains­bury’s sought to raise will be heard in court.

“Fen­land coun­cil­lors and of­fi­cers still need to be aware that any new de­ci­sion based on pre­vi­ously re­ceived but undis­closed le­gal ad­vice will be sub­ject to le­gal scru­tiny in the High Court.”

A coun­cil spokesman said: “We­con­tin­ue­to­pre­pare­forthe plan­ning com­mit­tee meet­ing on the Jan­uary 23.”

for Whit­tle­sey.

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