TESCO LEGAL BID MET WITH ANGER

A LEGAL challenge is being launched by the Northern Ireland Independent Retail Trade Association (NIIRTA) against the decision to approve a new Tesco superstore at Bridgewater Park, Banbridge.

The application for a judicial review is against the decision in March by former Environment Minister Edwin Poots to approve a revised application for a smaller Tesco store at the Outlet centre.

However, Campbell Stafford Solicitors, acting on behalf of NIIRTA, are challenging the decision, claiming the Minister’s decision was “legally irrational”.

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In a document sent to the Departmental Solicitors Office on May 27, it is claimed the Minister failed to take into account the weight of the evidence before concluding that the economic benefits would outweigh “possible negative impacts” for the town centre.

The solicitors continue, “Further, the Minister’s decision was issued hours before the dissolution of the Northern Ireland Assembly with undue haste and with the full knowledge that the Minister would not, in all probability, be remaining as Department of the Environment Minister in the new Assembly.”

They further contended that the Minister’s decision “failed to take into account that the Minister’s own Department fully examined the economic benefits of an almost identical proposal which had the benefit of a full public inquiry and the report of the Independent Planning Appeals Commission which had recommended refusal of permission.”

NIIRTA also argue that the decision was taken without proper or adequate consultation with the relevant parties.

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The original application for the controversial store was for a 10,292 square metre food superstore and retail warehouse covering 2,547 square metres - and the trading body asserts the size of the proposed new store would be “only marginally less” than this.

They also point out that the Planning Service, on evidence of an Economic Assessment Study, considered that job creation opportunities resulting from any new store were “over-estimated” and that the proposal would divert around £18 million out of a total £28 million convenience turnover in the town centre.

Reacting to the news, local councillor Seamus Doyle said he was “shocked and disappointed” that NIIRTA had decided to act against the “wishes of the local community.”

“Bridgewater was one of the top issues on the doorsteps during the recent election campaign,” said Mr Doyle. “People want the scheme to be delivered - with its jobs, its salaries and the boost the development will give to the local economy.”

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“I am therefore surprised that NIIRTA are now saying they have started the process to challenge the approval,” he added. “Who area they representing in Banbridge? Are they simply using the Banbridge community to make a point?

“The community do not want this challenge and the delay that it will cause; it’s not going to succeed and NIIRTA should take their problems somewhere else.”

It’s understood Banbridge Chamber of Trade is not involved in the application by NIIRTA.