CAMPAIGNERS against building another supermarket in Newport are trying to get a court order to quash the plans, although the store is already under construction.

The Morrisons supermarket which is being built at the Lysaghts Institute is the subject of a judicial review at Cardiff Civil Justice Centre after a group of traders and residents claim Newport council acted unlawfully in granting planning permission.

The group known as ‘Say No to Morrisons’ is made up of around 30 people, includinge Zahid Noor who manages the Spar store on Corporation Road.

Representing the group at the judicial review, Richard Harwood said granting planning permission was unlawful on a number of grounds, including claims the council did not provide a proper environmental impact assessment regarding the proposed development.

The group also claim the council acted irrationally in granting planning permission as they disagreed with the officer’s recommendation to refuse the proposal without any adequate reason.

A third claim is that the council failed to have regard to policy on ‘enabling development’ in that Lysaghts Institute is not being preserved properly for community use with the new supermarket.

The group maintains Cllr John Richards did not have an open mind when helping the planning committee to decide on the application as the group say he was actively supporting the campaign.

Representing Newport council, Ian Albert argued that councillors were rational in making their decision and had granted permission because of the merit of the scheme was the restoration, refurbishment and change of use of the Lysaghts Institute to maintain its community use. In a written statement, Cllr Richards denied the allegation against him, stating he was an experienced member of the planning committee who always kept an open mind.

Representing Morrisons, Michael Fordham QC said the council’s senior planning officer had taken into consideration the views of other bodies and a property advisor before deciding an accessment was not needed.

Recorder of Cardiff Nicholas Cooke QC, who was sitting as a High Court judge, said he would aim to make a decision within the next month.