Fresh appeal in Newport store battle

Last week Telford & Wrekin Borough Council lost a high court appeal over a government decision to allow a Morrisons store to be built on land off Audley Avenue but today announced it is to appeal.

The council, which says it has budgeted £1.5 million to spend on legal fees, is objecting to the plans because of the lack of developer contribution towards highway works.

The second appeal comes after the council's first challenge was thrown out by Mr Justice Turner. Mr Turner rejected the council's claims that the Audley Avenue site is inaccessible and inappropriate for retail development.

Telford & Wrekin Council also claimed that a separate site in Station Road, which has been earmarked for a Sainsbury's, is "sequentially preferable" to Audley Avenue. The council had hoped the High Court would quash the permission given to the owner of the Audley Avenue site, David John Tringham.

But Mr Justice Turner ruled on Friday that the inspector had found the two sites "sequentially equal". The council is now arguing the inspector should have declared which of the sites was preferable. It said developers in Audley Road should help pay for road improvements.

Council spokesman Russell Griffin said: "We are very disappointed that the High Court has dismissed our challenge. After the inspector's decision was made in August 2012, the council expressed how concerned it was that the Audley Avenue retail development had been granted permission without any developer contribution towards off site highway works. "

A date for the appeal about the Audley Avenue site is to be confirmed and the Station Road Sainsbury's proposal will be subject of an inquiry next year.