The Co-op has been given the go-ahead to bring a High Court challenge to plans for a rival Asda supermarket in Cinderford, Gloucestershire.
Simon J ruled that Midcounties Co-operative had an arguable case in its challenge to Forest of Dean District Council’s decision to grant outline planning permission to Trilogy Developments Cinderford for a supermarket development of up to 4,645 m2 planned to house a new Asda store at Steam Mills Road.
He granted permission for a judicial review, rejecting claims from the council that the case was not brought promptly enough, and that the developer has spent £180,000 towards reserved matters applications since the decision last March.
The Co-op, which has its own store in Dockham Road, claims that the out-of-town development would have a negative impact on the town centre, and that the council failed to give adequate reasons for its decision.
At the full hearing, the council will argue that it was entitled to conclude that the harm to the town centre would be outweighed by benefits secured under a section 106 agreement, and that its reasons were wholly adequate.
Midcounties Co-operative Ltd v Forest of Dean District Council Administrative (Simon J) 10 April 2013
David Holgate QC and Gwion Lewis for the applicant
Richard Phillips QC and Mark Westmoreland Smith for the respondent
Douglas Edwards QC and Peter Wadsley for the interested party (Trilogy Developments Cinderford Ltd)
The Co-op has been given the go-ahead to bring a High Court challenge to plans for a rival Asda supermarket in Cinderford, Gloucestershire. Simon J ruled that Midcounties Co-operative had an arguable case in its challenge to Forest of Dean District Council’s decision to grant outline planning permission to Trilogy Developments Cinderford for a supermarket development of up to 4,645 m2 planned to house a new Asda store at Steam Mills Road. He granted permission for a judicial review, rejecting claims from the council that the case was not brought promptly enough, and that the developer has spent £180,000 towards reserved matters applications since the decision last March. The Co-op, which has its own store in Dockham Road, claims that the out-of-town development would have a negative impact on the town centre, and that the council failed to give adequate reasons for its decision. At the full hearing, the council will argue that it was entitled to conclude that the harm to the town centre would be outweighed by benefits secured under a section 106 agreement, and that its reasons were wholly adequate. Midcounties Co-operative Ltd v Forest of Dean District Council Administrative (Simon J) 10 April 2013David Holgate QC and Gwion Lewis for the applicantRichard Phillips QC and Mark Westmoreland Smith for the respondentDouglas Edwards QC and Peter Wadsley for the interested party (Trilogy Developments Cinderford Ltd)
