Safeway is awaiting the outcome of its attempt to block a new Tesco supermarket on the outskirts of Yarm, Stockton-on-Tees.
Safeway, which operates an existing store in the centre of Yarm, challenged a government decision to allow Carter Commercial Developments to redevelop the former Strikes Garden Centre, Eaglescliffe, for use by Tesco as a supermarket.
In giving the go-ahead for the scheme, the Secretary of State for the Environment overturned a prior refusal of permission by Stockton-on-Tees Borough Council.
Alun Alesbury, counsel for Safeway, argued that the decision to allow the out-of-town store, with a gross floor area of 2,200 sq m and associated car parking, did not accord with the present government policy of “sustaining and enhancing existing centres”. He claimed that the planning inspector had failed to address the fact that the site was, by definition, an out-of-centre location.
Michael Barnes QC, counsel for Carter Commercial, argued that Safeway’s only real concern was competition from Tesco. He said that the Safeway store in Yarm already traded well above the company average, and that they would continue to do so after the present development was opened.
No date has yet been fixed for judgment to be given.
Safeway Stores plc v Secretary of State for Environment, Transport and the Regions and others Crown Office List (Kay J) 13 January 1999
Alun Alesbury (instructed by Lawrence Jones) appeared for the applicant Safeway; David Elvin (instructed by the Treasury Solicitor) appeared for the first respondent Secretary of State; Michael Barnes QC (instructed by McGuinness Finch) appeared for the second respondent Carter Commercial; The third respondent, Stockton-on-Tees Borough Council was not represented.
