Lidl’s plans for Queenborough shop blocked after second legal challenge from Aldi
05:00, 06 November 2024
A discount supermarket’s plans for a new store have been delayed for the second time.
Lidl’s hopes of building a store at Cowstead Corner, Queenborough, have been knocked again after its planning permission was overturned by the High Court.
Competitor Aldi launched a legal challenge on the basis that a planning officer's report did not address heritage assets properly.
Lawyers from the supermarkets and Swale council agreed the planning permission had been given unlawfully leading to the the High Court quashing the decision.
The court ruled Swale council will have to cover the court costs.
A council spokesman says the authority is awaiting confirmation of the final figure that it will have to pay.
The application will now have to go back to the council and the promise of 40 more jobs for the Island has been delayed again.
Lidl says it is still “fully committed” to bringing its first store to Sheppey despite being “disappointed” by the decision.
It points to a positive response to the planning consultation and claims “90% of the community” expressed their support for its proposals.
The council approved the scheme twice, in July 2023 and March this year, after it was first lodged two years ago.
The first set of plans were blocked in court after opposition from both Tesco and Aldi.
During this challenge, the German retailer said there would be a loss of footfall in Sheerness if the new store was set up in Queenborough.
This was before it closed its branch in the town after opening a new one in Neats Court in July.
It also claimed the retailer had failed to apply relevant checks on the application’s impact on the nearby Grade II-listed building of Neats Court; had failed to take account of traffic data; misapplied habitat regulations and did not explain why the site should deviate from its agreed use in Swale council’s Local Plan, which earmarked the land for a hotel.
An Aldi spokesperson said previously: “We object to very few planning applications but, on this occasion, we’re concerned about the impact this would have on the existing area.”
Aldi declined to comment on this occasion.
Meanwhile, Tesco feared the out-of-town store would affect footfall and businesses in Sheerness town centre, where it is based.
The plans went before the council in March and were approved.
But Aldi again challenged the decision and the High Court ruled in its favour last month.
The authority says it will “endeavour” to determine the application “as soon as practical”.
Cllr Mike Whiting (Ind) told KentOnline the second pushback by the High Court was “disappointing” as it will see further delays in new jobs coming to the ward he represents on Swale council.
The Kent County Council (KCC) representative for Sheppey said: “It is also disappointing as it will mean a delay on what Swale council wants to achieve.
“It is understandable that those who have enjoyed a monopoly on the Island for some time would try and defend their position.
“However, these jobs are desperately needed on Sheppey and residents want additional choice of where to shop.”
Meanwhile, a Lidl spokesman said: “It’s clear that there is a huge need and want for greater access to affordable groceries on the island.
“We remain fully committed to delivering our first store on the Isle of Sheppey.
“Whilst we were naturally disappointed to hear our planning permission had been quashed, causing further delays, we’re grateful that Swale Council has afforded us the opportunity to have our proposal re-heard at the planning committee.
“We’re hopeful that a new committee date will be confirmed in due course, and we'll be sure to keep the local community updated as things progress.”
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