Monday, 2.45pm: Sainsbury’s has vowed to still take Fenland District Council to the court, despite having its request for an judicial review to be held urgently refused.
The supermarket giant had requested an urgent judicial review in the hope that there would be a hearing before January 23, when the district council is due to re-consider the Sainsbury’s application for a new foodstore and country park in Whittlsey.
Members of the authority’s planning committee had originally granted permission for a Sainsbury’s store to be built in Eastrea Road in August, but also rejected proposals for a Tesco store on the same road.
Yet in September, the planning committee granted permission for the new Tesco store, as well as retaining the permission for the Sainsbury’s store.
Sainsbury’s had lodged legal papers after Fenland District Council refused to disclose legal advice which led to the authority’s decision to send the applications back to committee.
However, while Mr Justice Hickinbottom refused to hear the application as an urgent matter, Sainsbury is stressing the application for the judicial review itself remains undecided.
A spokesman said: “Consequently, the issues Sainsbury’s sought to challenge surrounding the advice which Fenland has received in making its planning decisions on the supermarkets have not even been considered, let alone refused.
“This judicial review will be held and, even if a hearing cannot now take place before Fenland Council’s committee meeting on January 23, the issues Sainsbury’s sought to raise will be heard in court.
“Fenland councillors and officers still need to be aware that any new decision based on previously received but undisclosed legal advice will be subject to legal scrutiny in the high court.”