Bristol Rovers hope to revive plans to move to a much bigger new stadium, by bringing an appeal in its fight with Sainsbury’s over the sale of its existing ground.
Earlier this year, Proudman J found in favour of the supermarket chain in its claim that it had lawfully terminated its agreement to purchase the club’s Memorial Stadium home for £30m.
Now an appeal is scheduled to be heard by the Court of Appeal over three days by 14 July 2016.
Rovers, which in May won the Conference play-off final and secured a return to League Two, will hope to win a ruling that the agreement was still on foot, or was terminated by Sainsbury’s in breach of contract.
The club had hoped to sell the dilapidated ground in the north of Bristol to fund a new, modern stadium on the Frenchay Campus of the University of the West of England. In 2011, it agreed a deal under which Sainsbury’s would buy the Memorial Stadium site for £30m, lease it back to Bristol Rovers at a peppercorn rent while the construction of the new ground was underway, and then redevelop as a supermarket once the move took place.
However, Proudman J found that a store planning condition in the agreement – under which Sainsbury’s had to obtain an acceptable store planning permission – was “not satisfied” in time and so Sainsbury’s claim must succeed.
Bristol city council did grant planning permission for the supermarket redevelopment in 2013, but it was subject to a restriction on delivery times which the club ultimately agreed was an onerous condition that effectively deemed the decision a planning refusal for the purposes of the agreement.
Sainsbury’s made an application under section 73 of the Town and Country Planning Act 1990 to vary the condition, but this was refused in January 2014.
If built, Rovers’ planned new stadium would see the club go from a capacity of just under 12,000, only 3,000 of which is seated, to a 21,700 all-seater ground.
Sainsbury’s Supermarkets Ltd v Bristol Rovers (1883) Ltd
