Fresh Scunthorpe legal appeal for M&S retail park
A SHOPPING development set to bring Marks & Spencer back to Scunthorpe could face a further delay after a new appeal bid was launched.
A High Court judge ruled before Christmas that the project, brought forward by Simons Developments, could go ahead.
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appeal: The proposed Simons development on Doncaster Road, Scunthorpe which would include Marks and Spencers, Boots and Debenhams
The green light came after a judicial review into North Lincolnshire Council's decision to grant planning permission for the scheme.
But the firm which brought the court action has instigated a new move against Mr Justice Hickinbottom's decision not to allow a right of appeal.
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If successful, the company would be able to seek a further appeal that they hope could see the M&S plan thrown out.
Zurich Assurance Ltd, trading as Threadneedle Property Investments, which represents Scunthorpe's Foundry shopping centre, will now take its case to the Court of Appeal.
Opposition to the retail park centred on what critics perceive as its negative impact on Scunthorpe town centre.
Traffic and environmental concerns were also expressed.
A Threadneedle spokeswoman confirmed the appeal bid.
She said: "We strongly believe in our case and feel our action is in the best interest of the community and businesses on the High Street."
The scheme, earmarked for the site of the Stephen H Smith's Garden Centre on Doncaster Road, is also set to include Debenhams and Boots stores.
Chris Newsome, development director for Simons, said he was disappointed at the new setback.
He said: "We are disappointed with Threadneedle's actions following the categoric judicial review decision which was made at the end of 2012.
"We believe there are clearly no grounds upon which the scheme should not progress.
"With the economy in such a fragile position, it is a great shame for the people of Scunthorpe."
A Marks & Spencer spokeswoman said: "We remain fully committed to the proposed development on Doncaster Road."
A Debenhams spokeswoman said: "We have a legal agreement in place for a new store at the retail park and we will be watching closely how the scenario develops."
A North Lincolnshire Council spokesman said: "The council's planning committee has twice passed this application.
"A High Court judge has also heard the application and found in favour of the council, awarding costs in the process.
"Naturally, we are disappointed to face another challenge.
"Nevertheless, the opponents of this scheme are within their rights to ask for the Court of Appeal to look at the matter and we will again be defending the council's actions."
See related articles above right - including the view of columnist Hugh Rogers.
What do you think? viewpoint@scunthorpetelegraph.co.uk
Comments
by unheardvoice
Thursday, January 17 2013, 11:33PM
“if they build boots down there what would be the need for the town center one??.... yet another empty space on the high street .... how long before all the shops follow suit.
yet there seems to be a massive need for carparks???!!! and demolishing houses to create more empty space”
by tuckeratlarge
Thursday, January 17 2013, 10:46PM
“quote - A Threadneedle spokeswoman confirmed the appeal bid.
She said: "We strongly believe in our case and feel our action is in the best interest of the community and businesses on the High Street." /quote
The best interest of the High Street would be for Threadneedle to Foxtrot Oscar!”
by disbandnlc
Thursday, January 17 2013, 8:55PM
“After this I will never shop in the town again, oops! I never do anyway.”
by PJBrigg
Thursday, January 17 2013, 7:12PM
“Hopefully common sense will prevail (again) whilst these imbeciles can circle jerk over yet another pound shop.”
by rover25
Thursday, January 17 2013, 5:48PM
“"SCUNTHORPE NOSTALGIA 2033
TWENTY YEARS AGO THIS WEEK A LEGAL CHALLENGE STOPPED MARKS AND SPENCER.DEBENHAMS AND BOOTS COMING TO SCUNTHORPE,
THIS COULD BE THE HEADLINES !!!!!!!!!!
GET A GRIP .HOPE NLC WIN”
by rover25
Thursday, January 17 2013, 5:37PM
“x”
by crickfan
Thursday, January 17 2013, 5:18PM
“I'm with AnonTaxPayer - let's all boycott the Foundry. It would be good to have a demonstration outside the Foundry against their pathetic campaign to drag our town down further.”
by miss_frosty1
Thursday, January 17 2013, 4:55PM
“For god's sake, have they nothing better to do with their money. This is getting more ridiculous by the day, eventually M&S will get fed up with all this and it will all go down the pan then where will Scruffy Scunny town centre be. There are more and more shops closing down, why can't threadneedle get a grip and understand that the majority of people in Scunthorpe want this development to go ahead, it is going to create jobs which are very much needed in Scunthorpe at the monent as there is nothing around.”
by Bushy180
Thursday, January 17 2013, 3:19PM
“I've an idea for the foundry, instead of spending the money with a legal challenge which will fail again why not use this money to offer massively reduced rents to attract business back into the town centre....”
by KirstyandPhil
Thursday, January 17 2013, 12:12PM
“Comet, Jessops, HMV, Blockbuster.....Furthermore the huge concerns over the battle of conventional retail versus online shopping!!
And what does Scunthorpe with its 'the world and its dog owes us a living', failed town mentality decide to do?! Continue with driving M & S away by another appeal!!
You couldn't make it up, how hard you tried!! Well, only in Scunny perhaps?! ;-)”