THE future of a new Sainsbury's tore in Northern Ireland is in doubt after a judge ruled that planning permission was unlawfully granted for the multi million building development on which work is well advanced.
Lord Justice Carswell said the British Department of the Environment should have investigated the siting of the store at Coleraine, Co Derry and the consequences for existing traders. "It did not do so," he said "and the Department's decision was incorrectly made and must be set aside."
He was delivering reserved judgment in the High Court in Belfast on an application for judicial review brought by rival stores F.A. Wellworth Ltd - owned by Fitzwilton - and Boots The Chemist.
A Wellworth's spokesman said it was delighted at the ruling. "This is a major boost for the equitable and fair operation of the planning system, he said.
The Department of the Environment was ordered to pay the costs of the hearing, estimated at over £100,000. A spokesman for the Department said it was taking legal advice regarding an appeal.
Building work at the Coleraine store in Riverside Regional Park got under way earlier this year. The steelwork is in place and expenditure so far is thought to be nearly £1 million. The store is one of seven planned by Sainsbury throughout Northern Ireland at a total cost of £100 million sterling.
What will happen now is still unclear but Lord Justice Carswell said his decision to quash planning permission was not to be taken as expressing any view on the substance of the planning applications.
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