SUPERMARKET giant Sainsbury's has had its planning consent for a £15 million new store in Portishead quashed – by a High Court judge.

Rival supermarket The Co-operative applied for a judicial review after North Somerset Council granted Sainsbury's planning consent last year to build a new 30,000 sq ft store at Serbert Way in the town.

Chiefs at the Co-operative, which has a store at Wyndham Way, claimed the decision was unlawful and based on incorrect information contained in an independent retail assessment about the impact a new store would have on the town.

It claimed that the opening of a new Sainsbury's in Portishead would take people out of the town centre and could force them – and other stores – out of business.

The town's Co-operative store has an annual turnover of around £11 million and the firm claimed this would be halved when Sainsbury's opened.

Co-operative chiefs also said the supermarket plan was contrary to North Somerset's own Local Plan and Core Strategy Document.

Sainsbury's had been due to start work on building the new store last summer.

But the legal challenge meant that the opening of the new store was likely to be delayed by up to two years.

In response Sainsbury's submitted a second, slightly revised planning application to planners in May last year.

The second application, which has yet to be decided by councillors, has again prompted objections –similar to those against the first application – from The Co-operative Group.

Co-operative chiefs say a new retail planning study of Portishead and a review of the authority's Core Strategy policies for retailing and employment in the town needs to be carried out.

They also said an independent retail assessment of Sainsbury's needs to be undertaken before the application is determined.

The news that Sainsbury's consent has been quashed leaves a question mark over whether the supermarket giant will be able to secure consent for a second time and whether a new store will eventually be able to open.

Sainsbury's second planning application is due to go before councillors in March.

A spokesperson for The Co-operative Group said: "Following our various objections to the proposed Sainsbury's store in Portishead, our concerns remain about the impact such a development would have on the town centre.

"The original consent was quashed by the High Court in August following a claim for Judicial Review.

"We are aware that North Somerset Council's planning committee is due to meet in the near future to discuss the latest application and we await the outcome of this meeting."

As part of the initial application, North Somerset Council appointed consultants to carry out an independent evaluation of the retail assessment put forward as part of Sainsbury's application.

Sainsbury's said the arrival of its new store would have "no significant adverse impact on the town and that the High Street would benefit from an increased footfall as a result of the new store".

The consultant's report agreed, stating that the new supermarket would prevent people going out of town to do their weekly shopping.

Ben Littman, Regional Development Executive for Sainsbury's, commented: "We have received strong public support from the local community and Portishead Town Council for our proposals to build a store in Serbert Way, Portishead. To date over 70 letters have been received by the planning officer. The Co-op is the only objector.

"We would like to thank everyone for their support and assure them that we are continuing our bid to bring our high quality offer to the town and increase choice and competition in Portishead."

Portishead councillors said they were unaware of the fact that planning permission for the new store had been quashed.

Portishead councillor David Pasley said: "As far as I am aware, none of the local councillors knew the planning permission had been quashed.

"I am disappointed as I think Portishead needs a supermarket like Sainsbury's and it will provide more choice for shoppers.

"The town is growing rapidly and I would have thought there was room for another supermarket in Portishead."

As well as The Co-operative there are Waitrose, Iceland and Budgens supermarkets in Portishead. Work on a new Lidl supermarket is also under way.

Portishead currently has a population of around 22,000 which is due to grow to around 30,000 by the time all the new developments are complete.

North Somerset Council spokesman Nick Yates said: "A decision on the first application to grant permission was quashed following judicial review and referred back to us. In the mean time Sainsbury's had submitted a second application and this is due to go to committee on March 8."

The new Sainsbury's would create 270 full and part-time jobs. It would feature an in-store bakery, restaurant and a 338-space car park.

There are plans to open a new petrol station if a suitable site elsewhere in the town can be found.