A long-running legal dispute over plans for an out-of-town Asda supermarket in Cinderford, Gloucestershire, reached a new chapter today after the high court in London quashed planning permission for the third time.
Mr Justice Singh found in favour of rival supermarket Co-op and allowed its judicial review.
A second application for planning permission was quashed by another high court judge in September.
Co-op said its business would be halved by an out-of-town Asda, and that it would “cripple” Cinderford town centre. It successfully argued that Forest of Dean district council didn’t properly address concerns, highlighted in two earlier judgments, about the damage the development would do to the town centre.
The district council chose not defend itself in the judicial review proceedings, saying it couldn’t afford the legal costs. Instead it sent a letter saying it backed the arguments made by developer Trilogy Developments.
Trilogy has been seeking to develop the 50,000 sq ft store, to be operated by Asda, on land at Steam Mills Road, Cinderford.
The judge said in his ruling that “while it is readily understandable that public authorities are facing increased financial pressures,” the district council’s decision not to take part “could lead to tension with certain fundamental aspects of the way in which judicial review proceedings are conducted”.
He said that an interested party might not have all the information necessary to help the court understand the council’s decision making processes.
