Tesco loses High Court challenge over new Lidl store

Tesco has failed in its High Court challenge to stop Lidl from building a new store in Surrey.

The supermarket chain had challenged Reigate and Banstead Borough Council’s planning permission to allow Lidl to open a store at the site of the Air Balloon pub in Horley.

The application for judicial review argued that the council's planning committee, which approved the new supermarket by nine votes to two last October, failed to consider the Grade II listed building’s preservation.

Tesco and Lidl have been approached for comment.

Lidl wants to relocate from what it describes as its not-fit-for-purpose town centre site in Horley to the new venue in Brighton Road.

Tesco argued that there was not a strong enough case that the benefit of the development outweighs the harm, according to the Local Democracy Reporting Service.

James Strachan KC disagreed and threw out Tesco’s bid, stating that the socio-economic benefits were sufficient to grant planning permission.

Councillor Simon Parnall, chairman of the council’s planning committee, said: “This is an excellent judgement which upholds the decision of the planning committee.

“This balancing exercise was robustly debated at the planning committee meeting and the committee was fully entitled to come to the decision it did, as this judgement demonstrates.”

The plans to demolish the Air Balloon pub and replace it with a new store were first submitted by Lidl in 2022.

Tesco requested permission to apply for judicial review of the decision on three grounds but was only given permission to challenge on how the council dealt with listed buildings.

The case reached the High Court on 5 June with the judgement handed down in September.

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