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Application for Judicial Review Rejected


Cllr Carlo Guglielmi

A bid to stop a Tesco superstore being built in Manningtree has been thrown out - but could be reviewed.

The East of England Co-op applied for a judicial review over Tendring District Council's (TDC) decision to grant planning permission for the store in Station Road.

That application has been rejected by a High Court Judge.

It is now open to the Co-op to make a request for the decision to be reconsidered at a hearing in open court within seven days.

The Council's solicitors have been informed by the Co-op that it intends to take that action, although no formal papers have yet been received.

The hearing would take place in the High Court but there is currently no information on when.

Carlo Guglielmi, TDC's Cabinet Member for Planning, said he is delighted with the Judge's decision.

"It has always been our contention that this application has been through the due democratic process and was made in full accordance with that process," he said.

"The judge made his decision on February 1 and we will now have to wait for the outcome of a review of the decision - should there be one.

"However, I remain confident that the situation will not change."

Cllr Guglielmi said that the Council will be seeking its costs from the Co-op.

TDC issued planning permission for the new supermarket at the end of last year after the application for the 1,920sq metre store was approved by its Planning Committee in July.

Officers at the Council then finalised the Section 106 agreement - a legally-binding agreement with the developer and involves them making a contribution to services or infrastructure in the area.

Following on from that agreement the permission was issued in November.


7/2/12



Page Last Updated
08 February 2012