Tesco protest is criticised by judge

Published by Matt Polaine | Filed under Bicycle, Campaigns, Cycling, Cycling infrastructure, Transport

credit: raymond.brown@cambridge-news.co.uk

A last-ditch High Court bid to stop Tesco opening today in Cambridge’s Mill Road has been thrown out.

The judge said the effort by No Mill Road Tesco Campaign was a “misuse of Judicial Review”.

Campaign committee member Richard Rippin filed the application against Cambridge City Council.

He wanted an interim injunction on Tesco to stop “dangerous” deliveries to the new Express store.

But Lord Carlile of Berriew QC refused the order and criticised the campaign. His judgment said: “This application is in reality an attempt to revive the No Mill Road Tesco Campaign under the guise of a Judicial Review claim. It is a misuse of Judicial Review.”

Mr Rippin also wanted to ban the use of air conditioning units he believes were installed contrary to planning controls.

But campaigners vowed to carry on the fight and last night projected images on to the store in protest.

And the city’s Liberal Democrats yesterday (Tuesday, 25 August) warned that the supermarket giant’s victory “could be short-lived”.

They claim it will struggle to make deliveries to the shop’s rear service yard swithout damaging parked cars.

Councillors also warn that deliveries will cause “mayhem” in Mill Road and that Cambridge City Council will take legal action.

Romsey county councillor Kilian Bourke said: “We are in the extraordinary situation of being able to see that the delivery system would be dangerous, having central government confirm this, but with no power to prevent it.

“This underlines a clear need for local authorities to be given greater control over planning laws.

The existing planning process is clearly not doing its job when a Government inspector can identify a development as unsafe and dangerous to pedestrians and cyclists, yet the city council is powerless to act.”

The inspector, who rejected Tesco’s appeal to extend the store, said the delivery system to the rear “would pose a significant increase in the risk of accidents, damage and injury to vehicles, cyclists and pedestrians round the loop.”

A Tesco spokesman said: “We welcome the court’s decision to reject this application.

“Our store manager and staff are looking forward to opening this week to serve local customers.”

Campaigners now have until September 4 to make a further High Court application.