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Builders' merchant loses High Court battle over plans for new Tesco in Sleaford

By Sleaford Target  |  Posted: February 22, 2012

Turnbull & Co Ltd in Southgate, Sleaford. Picture: Google StreetView

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A FAMILY-run builders' merchant which has been based in Sleaford for almost 120 years has lost a High Court battle challenging plans for a new Tesco superstore.

Turnbull & Co Ltd, which employs around 100 people, had sought to challenge the planning permission granted to Tesco Stores Ltd which includes a new link road that Turnbull's says will block off the main access to its head office and yard at Station Road.

However, Mr Justice Ouseley, sitting in London, refused it permission for a full judicial review hearing, ruling that it had no arguable challenge to the permission for the Tesco Extra store that forms a key part of Sleaford's regeneration.

The judge told the company that it should focus its attack on the separate planning application for the new link road, named the South East Sleaford Regeneration Route, which the council has resolved to grant, but not yet issued permission for.

After the decision a spokesman for the company said: "We are concerned at the Judgement and are giving the matter our consideration."

Turnbull's Station Road site has its main access from Southgate via a level crossing, with an alternative rear access not suitable for anything other than small vehicles.

However, the proposed link road will involve the level crossing being closed.

The company says that, white vans, trucks and articulated lorries – including its dedicated fleet and those operated by suppliers and vehicles - could access the site from the north and east, this would require them to pass through the congested town centre and navigate a difficult turn off Southgate.

As a result, it says that these alternatives are impracticable.

North Kesteven District Council resolved to grant planning permission for both the link road and the Tesco store in 2009, subject to the finalisation of conditions and planning agreements, but whilst permission was issued to Tesco on 16 March last year, the link road permission is yet to be issued.

Turnbull sought to challenge the Tesco decision, arguing that it was unlawful because it was granted on the basis of a link road that will prevent it from using its main means of access.

It claimed that the decision was unreasonable, irrational and breached its human rights.

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  • Linny58  |  February 25 2012, 5:39PM

    Not especially a fan of tesco but if it means less trade for Lincoln co op who are always overpriced then Go ahead tesco, I still wont be shopping at either its sainsburys all the way for me

  • saddletramp2  |  February 24 2012, 8:14PM

    The only problem with the Bracebridge Heath Tesco's is the location .Anything as got to be better than the Co-Op who also dominate Lincoln and surrounding areas But not much is said about their strangle hold on the Council Planning departments.

  • Anon51  |  February 24 2012, 6:43AM

    There is a shock Jo average loses to TESCO. They seem to have the monopoly on everything and the council's just role over and give them anything they want, look at Bracebridge Heath and Tattershall even though the local people appose it funy old thing TESCO always get the green light.

  • redimp24  |  February 23 2012, 12:44AM

    by InsideStoryWednesday, February 22 2012, 6:40PM "As i recall a few years ago a lady was involved in a rather bad accident by a lorry close to the gates of Turnbull's but how badly injured i cant remember so redimp24 could well be correct in his statement" Unfortunately she was killed.

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  • mummy91  |  February 22 2012, 9:59PM

    Similar situation with a Tesco store in Bracebridge Heath... Fantastic addition to the village, and now means the Co-op have to lower their prices to compete... But seen as though it is JUST off a main road, and opposite a primary school, it regularly gets congested, there is no proper crossing for the turning into Tesco Car Park, so at school drop-off and collection times, many parents risk running across with children as cars indicate last minute after coming off the main road. There is also only a path on one side of the car park, which means walking around the entire car park, to exit the car park, only to walk across the turning with no proper crossing. Not exactly the best thought out for pedestrians! Not to mention the fact that the turning exits onto a Pedestrian crossing, so if a car insists on pulling out, but cannot turn left to go towards Cross O' Cliff Hill, any ongoing traffic going towards Waddington cannot move, again creating congestion. But hey, Tesco's do, what Tesco's want.

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  • InsideStory  |  February 22 2012, 6:40PM

    As i recall a few years ago a lady was involved in a rather bad accident by a lorry close to the gates of Turnbull's but how badly injured i cant remember so redimp24 could well be correct in his statement

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  • redimp24  |  February 22 2012, 10:08AM

    I live around the corner from here. Closing the crossing and having the big lorries deliver through town to Turnbull's is a joke. It really worries me that someone will be killed, but that's ok because we'll have our Tesco which is more important than peoples lives.

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  • XNY556  |  February 22 2012, 9:45AM

    The local Council need to urgently review this matter. Irrespective of the Tesco development, if there is a major traffic issue, which hasn't been properly thought through then it needs resolving. It is no use drawing lines on a map and thinking thats problem solved, they need to analyse the traffic flows and types of vehicles entering the area. It shouldn't have got to this stage - what are we paying these planners for???

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  • lynnlincoln  |  February 22 2012, 9:24AM

    David and Goliath?

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  • Pete67  |  February 22 2012, 8:56AM

    A big RICH store versus local businesses - it's only to obvious who's going to win unless all the local people put their spoke in.

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