CAMPAIGNERS seeking to stop a new food supermarket in the centre of Ulverston have won a judicial review.

A judge is now expected to examine whether South Lakeland District Council followed correct procedures when approving the bitterly-opposed plan.

Last April, brewers Frederick Robinson Ltd won consent from SLDC to create a supermarket at its vacant Hartley’s Brewery site.

It intended to lure a brand name supermarket which was rumoured to be Tesco.

The application was passed by planning councillors by one vote – despite 41 letters of objection and 176 postcards against.

Five letters of comment and seven letters of support were received.

The committee then delegated the power to give approval to its senior planning director David Sykes – who had recommended the scheme be given the go-ahead – providing 18 conditions could be met and further negotiations took place.

The scheme proposed the demolition of buildings on the Brewery Street site, building a food supermarket with a gross floorspace of more than 3,000 sq metres, a 90-space car park, and turning the Bird In Hand, and Union Inn pubs, into either ‘retail, office or cafe uses’.

Supporters of the idea, including rival group Ulverston Progress, argued that many people would welcome the chance to be able to buy cheaper food without facing a slog through to either Barrow or Kendal.

However, unhappy locals in the Keep Ulverston Special organisation, have drummed up more than £10,000 in donations for its legal fighting fund to fight the SLDC decision, which it called 'shoddy'.

It has enabled the group to appoint leading environmental lawyers Richard Buxton, based in Cambridge, which has won legal battles in the House of Lords, the European Court of Justice and the European Court of Human Rights.

In response, SLDC said in a statement: “This order means that the case set out by the claimant passes the test of arguability. The test for arguability has a much lower threshold than will be applied in the main hearing.

“The case will now proceed to a main hearing at a date to be set. At the main hearing, the claimant will have the opportunity to present her case and the council and the developer will have the opportunity to present their case.

“Council officers remain confident that there are no grounds for setting aside the decision of the Council’s Planning Committee to grant planning permission. The council will be presenting a case on this basis at the full hearing of this matter accordingly.’’

No-one from Robinsons was available for comment but Ceri Hutton, for Keep Ulverston Special, welcomed the decision.

Ceri Hutton from Keep Ulverston Special said: “We welcome the decision by the judge to allow the judicial review of SLDC’s decision.

“KUS strongly believes that the Old Brewery is a vital site at the gateway to our town. It desperately needs developing."

She said Keep Ulverston Special haD already raised £7,000 to get the case to this stage, and now needs to raise at least a further £6,000 to see it through to judicial review stage.

“In the end, we are fighting considerable investment from Robinson’s who have been determined to see a supermarket on this site and who have employed big, expensive law firms," she said.

"It is a real David and Goliath battle but we are resisting because we believe that the decision was taken wrongly, and that Ulverston deserves better.”

The review is likely to be heard in May or June this year in Manchester.

All donations to Keep Ulverston Special’s Fighting Fund can be made at http://keepulverstonspecial.co.uk/fighting-fund