Rovers vs Sainsbury's in court?

Bristol Post thinks so.


Bristol Rovers will take supermarket giant Sainsbury's to court in a last-ditch attempt to save their hopes of building a new £40million stadium. Plans for a new home for the club at Stoke Gifford have been hanging by a thread since Sainsbury's announced a dramatic cutback in new stores following a slump in profits.


Although the supermarket chain has not publicly said it no longer wants to go ahead with buying the Memorial Stadium to build a new store, there is a widespread view that Sainsbury's have gone cold on the idea.

A hearing is due to be heard in the High Court next month where the club will try to persuade a judge that Sainsbury's have entered into a contract to buy the site, which should be honoured. If the issue is not resolved at this first hearing, the judge is expected to proceed with a full hearing at a later date.


Both sides have been locked in a legal wrangle for months over the small print of the planning consent, which Sainsbury's claimed made the proposed store commercially unviable.

But from the club's point of view, all the problems have been sorted out, so there is nothing to stop Sainsbury's from going ahead with buying the ground.


The club has always made it clear that it could not go ahead with its new 21,700-seat stadium unless the sale of the ground went ahead to help pay for the scheme.


Planning permission for the stadium was given by South Gloucestershire councillors way back in July, 2012 and Bristol City councillors gave consent for a new store in January 2013.


Club chairman Nick Higgs said that for legal reasons he was unable to comment.


A spokesman for Sainsbury's said:
"Due to ongoing legal action we are unable to comment any further."

One of the major stumbling blocks in the wrangle between the two sides was resolved last November when Bristol councillors gave overwhelming support to increase the number of hours for deliveries at the proposed supermarket, despite a barrage of protests.


Sainsbury's had told the club that a new store at the Mem was not tenable without changing the permitted delivery hours. The chain had put in its own application for an increase but was turned down under delegated powers by the council's planning officers.


Sainsbury's did not appeal the decision but the club agreed to put in its own application, which was beefed up with a package of mitigating measures to improve the chances of consent being given.


If councillors had refused consent, then the club would have appealed the decision.


But the appeal process would have taken months, causing yet another delay for hopes of a new stadium.


Among the additional measures agreed were a covered area lined with sound-absorbent material where the lorries would unload.


It was also agreed delivery vehicles must be fitted with silencers to their air brakes and would not have to reverse at the site. There would also be improved soundproof fencing near homes.


Councillors eventually agreed to give consent by seven votes to two.


The delivery hours are increased from 6am-11pm, Monday to Saturday, and 9am-8pm on Sundays and Bank Holidays to 5am-midnight, seven days a week.

http://www.bristolpost.co.uk/Going-...tadium-dream/story-25891520-detail/story.html

 

Within seconds of making this thread, Rovers made an official statement on this issue.....


Most of you will have read an article in today’s edition of The Post detailing our intention to take Sainsbury’s to the High Court regarding their contract to purchase the Memorial Stadium site.

It is with regret that we have felt it necessary to revert to High Court action to complete our contract with Sainsbury’s but it was felt that this course of action was necessary to allow us to invest in our new stadium at UWE.

In view of the impeding legal action, we regret that we will be unable to comment further.

Read more at http://www.bristolrovers.co.uk/news/article/new-stadium-latest-2215166.aspx#bOrSSBK5uPZkUD0c.99

 

More info that I have come across (from Alistair Durden)...

Rovers will be at the High Court on Feb 23rd to ask for an early hearing. If successful it could be within a couple of months. If not Rovers could be waiting 9 months or more for the case to come before a High Court judge.

 

Oh dear. The only winners here will be the lawyers...

 

and TRASH who will be enjoying this. Isnt it funny that they will now be supporting Sainsburys!!!

 

When the high court find in our favour I hope that Sainsburys will have to pay compensation to make up the extra costs that their delay is going to cost the Rovers. I hope CJS that your were not being a little cynical with your above post

 

TRASH has been against Sainsburys the whole time. Now Sainsburys want to pull out, TRASH loves Sainsburys!

 

There are 3 outcomes:

1, We win & Sainsburys have to buy the Mem

2, We lose

3, A compromise is reached and Sainsburys pay us considerable compensation which will go towards redeveloping the Mem

I think it will be 3.

 

I believe Tesco were in the same position where they had purchased land to build large stores changed their minds and developed it with housing and got their money back that way

 

Very true