High Court pulls the plug on Aldi store after challenge from Lidl

Planning permission for a new Aldi store on the outskirts of Horncastle in Lincolnshire has been withdrawn after a High Court judge ruled that East Lindsey District Council failed to consider separate plans for a Lidl store in its decision.

Lidl launched a High Court challenge after the council approved Aldi’s store plans without evaluating Lidl’s competing proposal.

The planning dispute began when Aldi and Lidl applied for planning permission for stores on different parcels of land outside Horncastle’s centre in March 2022 and April 2022.

Planning officers had indicated in a July meeting with Lidl’s representatives that the council intended to consider both applications together.

However, the council approved Aldi’s 14,150 sq ft Spilsby Road scheme in November 2022, while Lidl’s plans were still awaiting a decision after being amended to reduce the scheme’s size.

Lidl’s legal representatives informed the court that they were not notified that Aldi’s application would be reviewed at the planning committee meeting on November 3. Lidl agreed to several planning decision extensions with the council to prevent a non-determination beyond the statutory 13-week period.

The council’s legal representatives argued that the planning committee granted permission for the Aldi scheme because it did not cause planning harm and that there was no requirement to consider alternatives in this particular case.

In his ruling, Dan Kolinsky KC, sitting as a deputy High Court judge, disagreed with the council and revoked Aldi’s permission.

An Aldi spokesperson said: “We are disappointed by this decision. Our public consultation showed that the people of Horncastle want an Aldi store and we have a deliverable scheme ready to go that is now being stalled unnecessarily.

 “We remain committed to investing in the local community and will continue to work to bring unbeatable value and award-winning quality to Horncastle as soon as we can.”

A Lidl spokesperson said: “We are fully committed to bringing a new store to Horncastle and are therefore pleased with the court decision. This means our application will now be considered by the planning committee, ensuring that both applications are determined equally. We look forward to hearing the next steps laid out by the council.”