Asda has lost a High Court case brought against the Isle of Wight Council over the granting of planning permission for a new retail park in Newport, but the supermarket giant denies it is throwing its toys out of the pram over plans to build an Aldi next door.
The supermarket brought about a judicial review over the Council’s decision to grant planning permission for a new retail park at St George’s Way in Newport, to include the building of a brand new Aldi supermarket alongside a McDonald’s drive-thru, a Costa drive-thru and other retail units.
It was claimed by Asda that the Council had made a legal error and failed to undertake an Environmental Impact Assessment (EIA) Screening Opinion prior to the granting of planning permission.
The case was heard at the High Court last Wednesday (19th May) during which the Council admitted it did not adopt a Screening Opinion in accordance with EIA Regulation prior to granting planning. Instead, they adopted a Screening Opinion ex post facto along with a witness statement from the Case Officer.
The Honourable Mrs Justice Tipples dismissed the claim on all grounds and awarded the council a significant proportion of their costs.
Asda denies that they pursued legal action because of a rival supermarket opening next door. They say that the basis of the challenge was to ensure that the council process is followed by all in the same way that they had to when making their planning applications.
The legal action has led to a delay in getting the project off the ground and the relocation of Newport Football Club.
Paul Airey, planning agent for the retail park applicant South Coast Leisure, has said:
“Naturally we welcome this ruling. The proceedings brought by ASDA have caused an unnecessary delay to a project that will bring not only additional retail choice and an economic boost to Newport but is also crucial to Newport Football Club’s relocation to a new community sporting venue.”
An Isle of Wight Council spokesperson has told Island Echo:
“The council successfully defended a judicial review of its decision to grant planning permission for the development of a retail park at the former St George’s Football Club site in Newport.
“The high court proceedings were brought by ASDA which claimed the council had made an error in law when arriving at its decision to grant permission.
“While ASDA was denied leave to appeal the decision by the judge, they will still have recourse to appeal directly if they choose to do so.”
A spokesperson for ASDA said:
“It has been our view throughout that the correct application process was not followed in accordance with EIA regulations and we are disappointed that despite the Council admitting this error, this decision has gone against us and we will now consider our next steps.’’
One of the possible outcomes of this decision is that in the future applicants can refer to this case as being an example of why they may not have to follow the current legal process and adopt a screening opinion prior to the grant of permission.
So it appears to be Council Policy to abandon town centre shops in favour of out of town Retail Parks, which one can only access easily by vehicles.
There appears to be little regard to struggling High Street shops, some of which are small independents. There also seems to be little concern over the extra pollution and congestion this causes.
Perhaps there were some ‘benefits’ given to those entrusted with the care of our community..
An economic boost! McDonalds and Costa! Thats a laugh! Will they employ more street cleaners to tidy the heaps of rubbish that will be strewn down the local roads? Out of town is hardly protecting or regenerating the little of the high street there is left. Come on NEW council, stop all this damaging social and environment planning rot, before it destroys the Island even more.
Good old Asda, get rid of all competition so they can raise the price by a pound then reduce it by 50p and call it rollback. I will not use the store again after all the small bottles of brandy mysteriously disappeared off the shelf with only large ones available for a splash on the xmas pud.
Good! Asda getting a taste of their own medicine
Councill procedure was followed to the letter .in the shape of big fat brown envelopes in back pockets .standard procedure .
The only thing this retail park will be good for is more pollution, both from the numbers of cars themselves and the rubbish that will be ejected from them as they drive down the local lanes. The longer Asda can oppose this the better.
Try again. Ian Stephens is back at the top of the council
What about all the empty shops in Newport!! Who’s bright idea was this, keep at it Asda.