Aldi triumphs in legal battle

Developers hope to begin work on the store in the coming months on Birds Royd Lane after winning a challenge by developer Younger Homers Northern Ltd at the High Court in Leeds.

Aldi was initially granted planning permission for the store in June 2013, but has since faced a number of legal challenges brought by the developer who believed there was a preferable site for the new store.

Aldi Property Director Mike Clarke said with the support of Calderdale Council, these challenges have been firmly dismissed and preparations for the new store will now begin.

“Aldi is very pleased that this dispute has now been resolved. We’ve received great support from the local community, and despite the fact there will be a delay, Aldi is looking forward to construction commencing on the site in the near future.

“We hope to open the new store in early 2015, when local shoppers will be able to enjoy Aldi’s award winning range of products at affordable prices.”

The proposed store, which has been strongly supported within the local community, is set to create 30 jobs which Aldi will be recruiting for in the coming months.

Aldi is also looking to support a number of community initiatives after receiving widespread local backing throughout the planning process.

When the proposals were submitted they were disputed by Morrisons supermarket and by the Brighouse Business Initiative objected to the plans on the grounds that the site was too far from the town centre with its spokesman saying there was a preferable alternative at Sugden’s Mill.

The plans included demolishing Calderbank House, 9a Birds Royd Lane, Princess Works and Royd House.

However, the supermarket was granted planning permission in June 2013 following a meeting of the Calderdale Council planning committee on May 28 2013.

However Younger Homes Northern Ltd, who claimed they had a site which was preferable, submitted a claim to the High Court to challenge the legality of the committee members’ decision.

This was strongly refuted at the time by both the Council and Aldi, and written responses were submitted.

Despite this the developer pursued this challenge and presented their claim. This was reviewed by a Judge who in November 2013 handed down a judgement dismissing the claim.

However Younger Homes Northern Ltd took up their right to appeal and on February 24 at the High Court in Leeds a hearing took place in front of another Judge, which was again dismissed.

Reflecting the loss of the case, the Judge also ordered that the developer pay costs towards those incurred by the Council, in defending their position following it being proved to be legally sound.