THE planning row over a new Sainsbury superstore in Coleraine, Co Derry could go to the House of Lords.
But before the case can be heard by law lords in London, leave has to be granted by the Northern Ireland Appeal Court.
Earlier this month, the court dismissed an appeal by the Department of the Environment against Lord Justice Carswell's ruling that planning permission was granted unlawfully.
Sainsbury's had already spent more than £8 million sterling on the Riverside Park site before planning permission was quashed following a judicial review brought by rival stores Wellworths and Boots. The House of Lords move was confirmed by a DoE spokesman. No date has been fixed for a hearing of the leave application.