Supermarket vows to fight in store row

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.