Supermarket giant Sainsbury’s has written to every house in Marlborough confirming it is to mount a legal challenge to the decision to grant planning permission for Tesco to build a store in the town.

It is going to apply for a judicial review in the High Court saying the decision to give the go-ahead to its rivals to set up at the Salisbury Road Business Park was unfair, because councillors did not take into account its own plans for a store on the adjacent highways depot site.

The action means the race to provide another supermarket in Marlborough is likely to become bogged down for months as lawyers for both sides prepare to state their case and hopes that the Tesco store would be up and running by Christmas have evaporated.

Even if Tesco wins the legal spat its plans have been put back by many months, said its spokeswoman Melanie Chiswell.

In its letters to Marlborough householders, Sainsbury’s apologised for causing the delay in the town getting the budget-price supermarket that campaigners led by Lisa Farrell have been pressing for over the last two years.

Mrs Farrell, a catering manager, said: “Tesco was the only store to respond positively when we contacted them all and they were the first to get in their planning application and we were all thrilled when the planners at Devizes said it could go ahead in April.

“Now we are told it could all be delayed by several months because of Sainsbury’s seeking a judicial review.”

In the Sainsbury’s letter its regional development executive Jamie Baker wrote that the store chain “regretted being forced” to seek a judicial review but said it was important for the town “that all options for future supermarket development are fully considered and debated”.

He said that Sainsbury’s wanted both applications to be heard together to enable planners to decide which was best.

Sainsbury’s is arguing the Tesco approval given in April was “legally unsound”.

For Tesco Ms Chiswell said: “We are very disappointed for the people of Marlborough who we’ve been working with for the past 18 months. They are the ones losing out.

“We would like to thank them for their support and extraordinary patience throughout this whole process and have never taken that for granted.”

Marlborough town council tried to encourage a second supermarket to open and its clerk Liam Costello said: “We hope that the matter is resolved swiftly, so that an additional supermarket comes to Marlborough soon to give greater choice to local residents in their food shopping.”

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