The battle between Sainsbury's and the firm planning to build a £100m leisure and shopping development in South Ruislip will continue, after the supermarket giant announced its intention not to end legal proceedings.
Sainsbury's has confirmed it will be requesting a verbal hearing in the High Court, after a judge recently dismissed its application for a judicial review.
The hearing will give the company's lawyers a chance to argue against the judge's ruling and reiterate their case for having the courts review the process through which the Arla proposals won planning permission.
A Sainsbury's spokesman said: “We’re disappointed with the judge’s comments and still have a number of questions about the way in which Hillingdon Council approved the application.
“We will be requesting a verbal hearing with the judge so we can discuss our concerns and seek greater clarity on the points made in the report.”
The planned development would include a 40,000sq ft Asda supermarket, a cinema complex, five restaurants, 14 houses and 118 flats at the derelict former dairy site in Victoria Road. It is expected to create up to 530 jobs.
The oral court hearing is expected to be held within the next three months, further delaying the Arla project, which had originally been scheduled to begin in March.
If the judge chooses to uphold the original High Court decision not to allow for a judicial review, Sainsbury's will have the option to go through the Court of Appeal.
A Sainsbury's spokesman told getwestlondon: "Let's see what comes out of it [the oral hearing]. We would be mindful and respectful of the judge's decision at the oral hearing."
Citygrove Securities Ltd, the firm behind the plans, has previously estimated that a judicial review could delay the project by up to a year and cost the council upwards of £200,000.
Managing director Andrew Rennie said: "It's extraordinary that Sainsbury's should decide to appeal the judge's decision. All of Sainsbury's grounds for a judicial review were robustly dismissed."
He added: "I am confident that yet again Sainsbury's actions will fail, but it does further delay our ability to start works to deliver further facilities and jobs within South Ruislip."
Sid Jackson, vice chair of the South Ruislip Residents' Association, said: "We're very disappointed that Sainsbury's are behaving in the way they are behaving, rather than trying to work with and regenerate the community.
"The longer it delays the opening, the longer it delays the residents of South Ruislip getting the amenities."