The building of a controversial supermarket looks set to go ahead, with council officers recommending the scheme gets the green light for a second time.

Swale’s planning committee unanimously approved proposals for a new Lidl store at Cowstead Corner in Queenborough last July.

But two months later, retail rivals Tesco and Aldi launched a legal challenge to overturn the decision, which the High Court did in November.

The plans must now go before Swale council for a second time.

Aldi's challenge was submitted on six grounds. The budget chain said Lidl had failied to apply the relevant checks on the Grade II-listed building of Neats Court nearby.

It insisted Lidl failed to take account of traffic data, misapplied habitat regulations, and did not explain why the site should deviate from its agreed use in Swale councils Local Plan, which earmarked the land for a hotel.

Tesco feared the store would affect footfall and businesses in Sheerness town centre.

Information on the council's planning website states: “Following the issue of the decision notice, the council received legal representations from Tesco and Aldi pursuant to the pre-action protocol for Judicial Review, challenging the decision of the council to grant planning permission.

“As a result, the council conceded to Aldi’s challenge on Ground 1.

“On November 22, the High Court issued a Consent Order to quash the planning permission. The application is therefore brought back to the committee with updated text in the report for redetermination.”

Planning officers maintain the application remains “acceptable”, however, and have recommended councillors approve it at a planning committee meeting tomorrow (Thursday).

The report states “no significant harm” will be caused to Sheerness town centre should the application be granted.

A report on the economic impact by independent consultants Lambert Smith Hampton found £7.4 million of spending would be removed from the town centre, but by the new Aldi due to open in Queenborough. A new Lidl would account for less than 1% in trade being relocated out of town, it found.

Regarding the site's supposed use as a hotel, the benefits of the store, including creating up to 40 jobs, “outweigh the policy conflict with the Local Plan 2017 and the less than substantial harm to the designated heritage asset at Neats Court.”

Lidl’s head of property, Adam Forsdick, wrote to Islanders following the appeal announcement in September.

In a statement, he said: “Unfortunately since then (July 20), Swale council has received legal challenges.

“This means we are now prevented from implementing our plans, while we await the results of the legal process Swale council must now enter into.

“There is absolutely nothing we can do to avoid this frustrating delay as it is completely outside of our control, but I wanted to take the opportunity to confirm that we remain committed to delivering a food store on the Isle of Sheppey.”

Cllr James Hunt (Con, The Meads) previously said of the new Lidl store: “The amount of support given from residents is something I've not seen before on a planning application, so it is something clearly needed.”

But Sheerness Town Council has objected.

A letter clerk Zoe O'Brien said: “Councillors agreed Sheerness is an area of high deprivation and will be losing out to job opportunities and development benefits of having low-cost supermarkets within the Sheerness ward.

“There is no proposed public transport to enable the high percentage of public in Sheerness who do not drive to access the location.”

Meanwhile Aldi is due to arrive on the Island in April. It saw permission for its new supermarket at Neats Court approved in December 2022.