Support shown at community meeting for Aldi's commitment to bring store to Macduff after legal challenge
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The Macduff community has shown its support for Aldi after a legal challenge brought by Tesco quashed its application to build a supermarket in the town.
A large crowd of around 200 people attended the meeting of Banff and Macduff Community Council at Macduff Primary School on Monday evening.
Tesco served a judicial review petition against Aberdeenshire Council relating to the local authority's decision last July to grant approval for the Aldi food store on Duff Street.
It was granted in the Court of Session and quashed Aldi's proposed development.
The German retailer was looking to bring a new £3.3 million supermarket to the town.
Ray Stephen, who has organised a petition which has more than 2000 signatures, said at the meeting: "It was disappointing that the council did not contest the case at the Court of Session as it wasn't financially viable.
"Tesco said it didn't do this to delay, however, there are about 40 cases around the UK where Tesco are contesting retailers like Aldi and Lidl from opening stores in areas where they are already present.
"We need to make sure this doesn't happen again. Aldi are coming back with a planning application and we need to make sure this comes quickly."
Banff and Buchan area manager Angela Keith provided an update on behalf of Aberdeenshire Council.
She said: "Aldi have confirmed that they have a continued commitment to deliver a store in Macduff.
"There will be a planning process that has to be followed to secure that.
"The timescales around that are progressing well and the council are working actively with Aldi to allow them to progress their application to the planning application stage at their earliest convenience."
Also representing the local authority at the meeting was head of planning and economy Paul Macari.
He told the meeting: "Every planning application and decision we make can be challenged.
"When we are challenged we have to decide do we fight it?
"If we do defend our position we have to look at how long is it going to take? How much is it going to cost because it has to be for the best value of the taxpayers' money.
"We have to assess how long it is going to take to get that planning permission through.
"Those were the key factors in deciding we should not contest this petition because we could be in court for a year, two years, a long while.
"Whereas by accepting the result the easiest way to move this forward quickly and effectively for the community and for Aldi was not to defend.
"When a decision is quashed it doesn't mean the application is dead. It goes back to being live and pending, so we are limited in terms of what we can talk about because effectively a recommendation has to be made to councillors on that planning application.
"What I would say is we've recommended approval once, we've brought in the resources that we need to be able to make sure that any decision is full proof and is the best defensible position for Aberdeenshire Council.
"What happened was there was a change in the development plan, which was approved in January this year.
"It wasn't approved when we made the decision last year, it was an old development plan.
"In between the council making a decision and the Court of Session ruling there has been a change in legislation and local planning policy and this is where we fell down on.
"The legislation is now there and we have the right people to go through the process again. We are working hand-in-hand with Aldi to make sure we are in a position to move towards hopefully getting an application back in front of the committee by mid-year."
Aldi has said it remains committed to bringing a store to Macduff after the legal challenge to its previously approved application from Tesco was successful.
It would have been the company's first supermarket in the area and would have created up to 35 jobs within the store, together with new employment during construction and within the Aldi supply chain.
The planned development was for a 1881sqm gross/1315sqm net food store, with staff welfare facilities and storage areas.
It would have included 106 vehicle parking spaces, including nine accessible, seven for staff and nine parent and children bays, as well as four electric charging spaces and 10 cycle spaces.
An Aldi spokesman said: “It is extremely disappointing that we will not be able to open our new store in Macduff later this year, especially given the overwhelming support we received for the proposals.
"We remain fully committed to opening a new store in Macduff and will provide an update on our future plans shortly."
The judicial review petition against Aberdeenshire Council from Tesco was not contested by the local authority.
It is understood this was on the basis of the cost of the legal fees which would be incurred by the council.
An Aberdeenshire Council spokesman said: “We have received the outcome of the judicial review process, which in practical terms means the planning permission previously awarded by Aberdeenshire Council for the proposed development has been quashed and cannot now be implemented.
"We are in discussion with Aldi as the applicant for the store about the planning options available to the company.”
When asked for comment, Tesco outlined that it was pleased to see that Aberdeenshire Council agreed with its view that the application is in breach of its retail policy and Local Development Plan.
The supermarket retailer added that it does not object to the vast majority of planning applications submitted by its competitors and any objections that it submits are only ever based on material planning considerations.
Tesco, which does not have a store in Macduff – its nearest store is in Banff – said it never objects on the basis of loss of trade or simply to delay a competitor’s planning application.
