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RETAIL giants Sainsbury's are ploughing on with their bid to build a store in Dawlish despite an attempt to force a judicial review.
The supermarket firm has submitted a second application for the store and petrol station at Shutterton after a legal challenge by rival Tesco.
Meanwhile, Dawlish mayor Wally Protheroe says residents are the ones losing out by the delay and are 'frustrated' by the lack of progress.
Progress on the original plan, approved by planners last summer, was hampered after Tesco launched a judicial review relating to the granting of planning permission.
Tesco lawyers claim Teignbridge Council failed to apply relevant and local planning policy and did not state its summary of reasons for granting Sainsbury's approval.
The authority denies the claim. Councillors met again in November to reiterate their reasons for approving the Sainsbury's scheme. A month earlier a Tesco scheme for an outlet at Lady's Mile holiday park was thrown out by planners.
In another twist in an increasingly protracted battle, Sainsbury's has now submitted a second application for a similar scheme in the same location, to form part of Millwood Properties' development and business park also approved last June.
In a letter to planners Chris Hays, the associate director of Bristol-based consultants WYG, said: "The application is submitted following a recent application by Tesco Stores Ltd seeking a judicial review of the council's decision to approve (the previous) application. The council has responded to Tesco's claim by taking the approved application back to the development control committee to confirm its reasons for approval and it has also resisted the claims through written representations to the court.
"Sainsbury's has responded to the challenge along similar lines and has requested that it be rejected. The court's decision is awaited.
"Still keen to develop a food store in Dawlish, Sainsbury's has decided to submit a new application."
Today Cllr Protheroe said: "People keep asking me when work is going to start. When I explain the situation, people are getting frustrated.
"We did not expect to see the store opening this year but, at this rate, it may not even be next year.
"In the meantime people still have to travel to either Exeter or Newton Abbot to do their main shopping, resulting in trade being lost elsewhere — a point raised in a retail study as one of the reasons why a store was needed."
Jamie Baker, Sainbury's regional development executive, said: "We remain very keen indeed to invest in Dawlish and deliver the shopping and employment facilities the town has told us it wants but, equally, we do not want there to be any doubt about the validity of our planning permission."
Tesco declined to comment. Teignbridge Council's decision is due to be made by May 20.
http://www.thisissouthdevon.co.uk/news/New-bid-town-supermarket/article-732337-detail/article.html