M&S food hall on Issa brothers' Frontier Park hits High Court hitch

The legal move means that the planning process for the high-class retailer's new outlet which will replace their existing store in Blackburn town centre will have to be totally re-run.

In April, Hyndburn Council planning committee granted planning permission by 10 votes to three for the outlet just off the M65's Junction 6, after overturning an officer's recommendation to reject it.

The approval was given despite a last-ditch attempt by Blackburn with Darwen Council to offer the location on the cleared Thwaites Brewery site originally earmarked for a new Morrisons supermarket as an alternative.

Following the approval by the committee, Tesco Stores launched a Judicial Review of the decision which Hyndburn Council has opted not to contest.

This means that the councillors granting of planning permission by the councillors is automatically quashed and the committee will now have to re-determine the application after a new officer's report.

It is understood that the Issa brothers' property arm Monte Blackburn which owns Frontier Park just across the border between Blackburn and Rishton will seek to get the new food store approved after the legal decision which was based on what are understood to be technical and procedural grounds.

Blackburn with Darwen Council leader Cllr Phil Riley reacted to the legal decision by again offering Marks and Spencer the site long earmarked for the Morrisons store before the firm pulled out in March.

Marks and Spencer have reacted by making clear they are determined to move to Frontier Park.

But the retailer confirmed there was currently no closure date set for the existing 1980s all-purpose store in Blackburn town centre's King William Street which employs 120 staff.

A Hyndburn Council spokesman said: “In April 2024, the Council’s Planning Committee resolved to grant planning permission for the erection of a new food store at Frontier Park, with the final decision being issued in May.

"Following a legal challenge against this decision by way of Judicial Review, the decision has now been quashed by the High Court and the planning committee will now be tasked with re-determining the planning application at a future meeting.”

A Marks and Spencer spokesman said: “We believe this is the best location to deliver a brand defining new M&S Foodhall in Blackburn, guaranteeing the future of M&S in the town.

“With shopping habits changing, we need to have the right stores, in the right place, with the right space to offer our customers a brilliant shopping experience and the new fresh market food hall – double the size of the existing food hall in Blackburn - would offer customers a much wider range of delicious, great quality M&S Food at trusted value."

Cllr Riley said: “We’ve made no secret of the fact that we’d love to keep M&S here in Blackburn town centre.

“We’re also in the very fortunate position of having a site already identified for a supermarket where Thwaites used to be – part of our ambitious £250m Blackburn Town Centre Masterplan.

“This is a prime location too with easy access by both car and public transport - the perfect spot for M&S and its customers.

“We’ve also recently submitted a planning application for a neighbouring Skills and Cyber Campus which will attract thousands of learners each year – we’re already in talks with UCLAN for its T2000 training company to re-locate there.

“Our door is always very much open here at Blackburn with Darwen Council.”

A spokesman for Monte Blackburn declined to comment.

Tesco Stores also declined to comment but industry sources said the giant supermarket chain never objected to or legally challenged planning decisions on the basis of loss of trade or simply to delay a competitor’s planning application and that any objections it submits are only ever based on material planning considerations.

The Lancashire Telegraph understands that if the new Frontier Pak food hall proposal is finally blocked, Marks and Spencer will not reverse its November 2023 decision to close the King William Street, Blackburn.

If the project does go ahead it will see the return of the brand to Hyndburn for the first time since it closed its Accrington town centre store in March 2016.