A legal challenge to councillors’ decision to grant planning permission for a new supermarket in Whittlesey has been thrown out.
Harrier Developments had been seeking a judicial review of Fenland District Council’s decision to grant planning permission for a new Sainsbury’s store in the town.
But the challenge was formally dismissed in a hearing at the High Court in London last Thursday.
Judge Mr Justice Mitting said the claim was “totally wihout merit.”
And council leader John Clark said the decision was “great news” for the town.
He added: “Everyone will now hope that work can proceed quickly to create the development that the people of Whittlesey have made clear they desperately want.”
The authority originally granted planning permission for a Sainsbury’s store and petrol station, plus road improvements and the creation of a new country park, off Eastrea Road in January last year.
At the same time, a rival proposal for a supermarket on the former Eastfield Nursery site, put forward by Harrier Developments, who had been acting on behalf of Tesco, was turned down.
Although Tesco later pulled out of the battle, Harrier Developments took legal action in January, claiming that the decision to allow the Sainsbury’s development to proceed would be illegal.
The company has also been ordered to pay the council’s legal costs.