Campaigners to mount Ulverston supermarket challenge
Last updated at 16:27, Monday, 04 November 2013
PLANS for a supermarket in Ulverston could be derailed by a last minute legal challenge.
Work was expected to start any day to build a superstore in Brewery Street, Ulverston, after developers were given the all clear by South Lakeland District Council.
But campaign group Keep Ulverston Special has announced plans to launch a legal challenge which could put a permanent stop to the project.
KUS has sent an action letter to SLDC informing the council of its intention to seek a judicial review of the planning decision.
SLDC granted Robinson’s Brewery planning permission for the site in April 25. But if a judge finds that the council did not follow proper planning procedure, it could be forced to make the decision again.
A statement on the KUS website said: “Our legal advice is SLDC has ‘failed properly to analyse, assess, consider or in any way grapple with the potential environmental effects of the development’.
“While there would be no guarantee the supermarket development would be rejected a second time, we believe the chances of it succeeding again would be very much smaller. And remember, it only succeeded by one vote the first time.”
The group has received legal advice from Cambridge-based environmental and public law solicitors, Richard Buxton and Co, and a specialist barrister.
Their statement said: “The barrister’s opinion is SLDC has failed to follow due procedure on several very clear grounds. We know the barrister does not advise community groups like us to take legal action unless there is a strong prospect of succeeding.”
An SLDC spokesman confirmed the council had received the action letter and an official response is expected later this week.
KUS has appealed for help raising the £10,400 needed to cover legal fees and court costs.
Ceri Hutton, of KUS, said: “This isn’t just about being anti-supermarket, it’s about whether we want a major excavation on a site near a main arterial road.
“Whatever your opinion on supermarkets, we’re saying the decision was wrong for this supermarket on this site.”
First published at 16:11, Monday, 04 November 2013
Published by http://www.nwemail.co.uk
Have your say
Ceri Hutton, you say that you are not anti supermarket, just anti a supermarket on the old brewery site. Nimby? Also, could you please give your reasons for objecting to a "major" excavation, that will only be temporary as it will soon be a supermarket. Good luck with raising the ten plus grand, how much each does that work out for every member of Keep Ulverston Stone age? too much? thought so.
"Killing Ulverston Slowly" speak for nobody! The environmental issue (?) is just a smokescreen to give credence to their self interested position.
Food shopping in Ulverston is dire, to say the least,and our people need a viable alternative (hopefully Aldi)
I truly hope that the KUS objection fails miserably, and that they end up chastened, and seriously out of pocket!
I trust also that our representatives, do just that, represent the wishes of the people of Ulverston and reaffirm the go ahead for it to be built!