AN ULVERSTON campaign group has claimed victory in a court battle over a proposed 20,000sqft supermarket in Ulverston.

Site owners Frederick Robinson's Ltd submitted the planning application for a store and 90-space underground car park which was passed by South Lakeland District Council's planning committee by just one vote in April 2013.

Although no occupant was revealed, both Tesco and Aldi were rumoured to be interested in the old Brewery site which included the former Bird In Hand pub.

But grassroots campaigners from Keep Ulverston Special says a judge has today found that the decision was 'wrong' and should now be 'quashed'.

But SLDC says it means the planning application is now 'undetermined' and depending on the wishes of the applicant, it could go back before the council's planning committee in the New Year for a fresh vote.

In autumn, a two-day judicial review was held in Manchester County Court to examine the decision and after months of deliberation, the verdict was announced today.

Keep Ulverston Special described today's ruling as 'a landmark judgement' for both Ulverston and 'other planning authorities around the country,'.

It says Judge Waksman QC found that 'SLDC did not give sufficient weight to the potential harm which the proposed development will make to Ulverston’s conservation area and heritage assets.'

It said: "The judgement also says that SLDC’s Environmental Impact Assessment was defective, though the Judge exercised his discretion not to quash on this ground."

In a statement, KUS says it said all along that the proposal was too large for a tightly-built up residential area and would cause substantial harm to Ulverston’s conservation area.

SAVE Britain’s Heritage also opposed the scheme and loss of heritage, and Cumbria County Council’s historic environment officer, and SLDC’s conservation officer also had some 'serious concerns' about the proposals.

It said the supermarket approved by SLDC’s planning committee in April 2013 would have 'demolished nearly all of the historic brewery buildings, excavated the whole site to create a large underground car park, created an underpass under Brewery Street and brought large delivery lorries day and night into the heart of the conservation area and out through Ulverston’s historic town centre'.

A KUS spokesperson said: “We always thought that SLDC’s planning committee brushed aside major concerns when they voted this development through. Today we have received a legal judgement which shows we were right to be so concerned.”

“Robinson’s has clearly been determined to make as much money for themselves from this site rather than think about the wider good of the town. That may be understandable if regrettable, but it is in everybody’s interests for us to look at a way forward for this site which does not trash everything of historical merit and interest and which builds something of long-term benefit to Ulverston’s vitality.”

KUS raised money through a variety of ways in order to raise funds for the legal battle - including an online fundraising campaign, a raffle and donations from local residents.

“Many people – even supermarket supporters – backed this campaign because they realised that these particular plans were ludicrous on this particular site. We would like to thank everybody for their incredible support. There will be a few glasses raised to toast you all tonight in Ulverston," said KUS.

However, SLDC said the judgement is 'not challenging the appropriateness of the development, but has considered the process of reaching the decision.'

It said: 'The ruling nullifies the decision taken in April and enables the application to be re-considered by councillors at a later date.'

Council leader Cllr Peter Thornton said in the statement: “In this complex case it was difficult to balance the national planning policy guidance with the council’s statutory duty relating to conservation areas and we recognise the clarification this judgement provides.

“Our planning officers’ recommendation was guided by the national advice. They are a professional and dedicated team and are committed to providing the best possible service for the residents of South Lakeland.”

The council quoted the South Lakeland Retail Study (2012) which it says found that 'there is capacity in Ulverston town-centre for a medium-sized foodstore and identified the brewery site as a suitable location'.

But KUS said the 2013 survey, commissioned by SLDC, reduced the capacity of retail space.

"Which meant that this supermarket was 4.5 times bigger than SLDC's own commissioned research showed was needed. So they are being extremely selective and ignoring their own more recent evidence," said a spokeswoman.

The council said no objections were raised on highways grounds by Cumbria County Council or the Highways Agency. 

Robinsons ceased brewing at the site in 1991 and used it as storage depot till 2012. It is currently vacant, said the council.

The council added: "South Lakeland's core strategy is to encourage sustainable developments which re-use existing buildings and reduces the need for people to travel long distances. It also aims to reduce the risk of people leaving their local areas to go shopping elsewhere.

"The council has a long-term vision to encourage economic growth and create jobs in the Ulverston area."