The news came on Friday, after a claim in Belfast's High Court that a decision by Executive Minister Sammy Wilson to give greater weight to economic benefits in planning applications was "hopelessly flawed".
Lawyers for a major retail firm claim Assembly statements he made while running the Department of Environment amounted to new policy being implemented without proper consultation.
Central Craigavon Limited, which owns the Rushmere shopping centre, wants the position adopted by Mr Wilson to be quashed.
The company believes it has made it easier for a rival development at Sprucefield, near Lisburn, to go through.
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The case, which could have significant implications for large-scale planning applications in Northern Ireland, centres on two declarations made by Mr Wilson last May and June.
He told the Assembly how economic factors should be given greater emphasis when planning bids are assessed.
Then, in a separate statement, he confirmed planners would only reject major applications on the grounds of prematurity if approval would prejudice or undermine a development plan.
Although Mr Wilson has since moved on to become Stormont Finance Minister, the Department of Environment is said to have maintained the position.
Central Craigavon Ltd is seeking a judicial review of this stance by claiming it represents a change of policy which should have been agreed by the Stormont Executive and gone out to other interested parties for consultation.
The retail firm argue that the shift has lowered the hurdles the Sprucefield scheme has to clear.
Part of its opposition to that development is a claim that creating a fourth retail hub within a 30 mile corridor from Belfast to Craigavon would be too much.
There is also a planned superstore development beings stalled in Portadown - for Tesco - which is thought to also hinge on the ongoing court action's outcome.
Counsel for the Department have denied a new policy was in place.
See: Largest Tesco For Portadown
(BMcC/GK)
