High Court challenge to Sainsbury’s by rival developer as Street Life website petition launched to offer them support

17:11 14 April 2014

Whittlesey

Whittlesey 'supermarket-gate'

Archant

A High Court judge will now decide the fate of a superstore in Whittlesey after Fenland Council was served with a judicial review claim form.

Manea based Harrier Developments had to wait until all the technical details of a rival- and successful- bid were in position before going ahead with their legal challenge.

Sainsbury’s has permission to develop a country park, supermarket and commercial centre in Eastrea Road after winning planning consent from Fenland Council.

However Richard Sears of Harrier, who submitted a rival bid with the expectation of providing an adjacent site for Tesco, has decided not to accept the decision without challenging it in the courts.

Earlier this year he claimed the decision to approve the adjacent site for Sainsbury’s was “unlawful and susceptible to judicial review.”

Now, with March based Whitacre having gained planning consent, Mr Sears is set to ask a judge to rule on whether the decision was lawful.

“Yes, we have been served with the Judicial Review claim form and are currently reviewing it,” said a Fenland Council spokesman. “The process is that we have 21 days in which to assess the claim and file an ‘acknowledgment of service’. The deadline for that is Friday, April 25.”

Sainsbury’s say they will fight the review and, if successful, plan an early start on their store.

Meanwhile Martin Harris of Whittlesey has begun an on line petition in support of the Sainsbury’s scheme.

His petition was launched today on the Street Life website and by mid afternoon had 45 signatures – he says his target is to get 2,000 names on board.

His petition says that if Harrier’s judicial review is successful it would “destroy all of the hopes we have had for Whittlesey and worked for over the last three years and what has been achieved by the people of Whittlesey.”

He says the review has put Sainsbury’s on hold “until a judge decides if the challenge has any merits”.

Mr Harris adds: “We need Harrier Developments and Richard Sears to realise that this development is one the people of Whittlesey want, and they should stop any objections now.”

Although Tesco decided not to appeal against the council’s decision, it is still expected they would return to the Harrier ‘table’ if a legal challenge were to succeed. Tesco has permission for a store in Benwick Road, Whittlesey but Eastrea Road might easily be supported again as their preferred location.

2 comments

  • The Street Life website is a asocial networking site, I couldn't see a petition? Just comments regarding the issue. I do not and will never shop in Tesco, I want to shop in the Sainsbury's that was approved and enjoy the country park & other facilities offered. If Tesco really wanted to build here why did they not do that on Station Road when the site was granted many years ago. Please listen to the opinion of the public!

    Report this comment

    RubyLou

    Tuesday, April 15, 2014

  • More tax payers money will go to waste and all because someone just won't let this go. Whittlesey do not want a Tesco, we want a Sainsburys and a country park.

    Report this comment

    me-in-whittlesey

    Monday, April 14, 2014

The views expressed in the above comments do not necessarily reflect the views of this site

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