Permission for a new Aldi in Perth has been overturned after Tesco won a legal challenge contesting the decision to give it the go-ahead.
Perth and Kinross Council green-lighted the new supermarket at Pitheavlis when it granted the discount chain’s application in May last year.
In February, preliminary work began to build the new store on vacant land just off Necessity Brae and Low Road, between the Aviva office and Glasgow Road.
It was due to open early this year, replacing the current premises on Glasgow Road, closer to the city centre.
But all work ceased after Tesco launched a judicial review.
Tesco wins case at Edinburgh court
The company raised an action at the Court of Session in Edinburgh seeking to have the decision set aside.
Tesco argued that the council erred in law in failing to address an aspect of the national planning framework adopted by the Scottish government.
The framework took a “town centre first” approach to retail development but allowed for support for new small-scale neighbourhood development.
In a judgement issued today, a judge ruled that the challenge brought by Tesco Stores should be upheld and reduced the local authority’s decision from May last year.
Lord Richardson said: “I agree with the petitioner [Tesco] that, looked at objectively, there is no way in which a proposal for an 1,800 square metre development, with 100 car parking spaces, having a catchment area of half of the city could be said to be a ‘small scale neighbourhood development’ as envisaged.”
Aldi suffers second supermarket defeat in seven days
Aldi first applied for the new supermarket in 2021 to replace the smaller store in Glasgow Road.
The judge said the proposed development would “improve shopping provision for Perth and, in particular, would help to meet qualitative and quantitative deficiencies in the catchment area”.
Tesco made representations objecting to the application for approval for the new store, including querying whether it could properly be considered a ‘new small scale neighbourhood retail development’.
Lord Richardson said: “I do agree with the petitioner that the respondent (the council) has failed properly to interpret the words ‘new small scale neighbourhood retail development’ and, in so doing, has erred in law.”
The decision comes a week after Perth and Kinross Council refused an Aldi in Kinross-shire for breaching the Scottish Government’s 20-minute neighbourhood policy.
A Tesco spokesperson said: “We were concerned that planning rules were not properly followed in this case, and we are not surprised that the judge has come to the same conclusion.”
A council spokesperson said: “We note the Court of Session’s decision and are considering our next steps.”
Aldi has been contacted for comment.
Do you agree with the decision? Tell us your thoughts in the comments.
Conversation