CSJ PLANNING and CSJ BROOKE SMITH

CSJ Brooke Smith successfully secured consent for B&M Retail Ltd, tenant of a store at Salmon Retail Park, Hereford, following the issuing of an enforcement notice by Herefordshire Council.

The breach of planning control alleged, in the notice, the failure to comply with a condition restricting the sale of goods from the site.

The Inspector supported the argument presented on behalf of the appellants via written representations, that the sale of restricted goods from the appeal premises would, by themselves, not significantly jeopardise the Council's strategy nor affect the town centre expansion proposals. The level of sales of the restricted goods would not therefore set a precedent for significant levels of sales of goods that would normally be sold within the central shopping area.

As such, the Inspector concluded that the appeal should upheld.

Reflecting the Inspectors decision, the Council approved a Section 73 application which had been submitted in parallel with the enforcement appeal.

The case successfully revolved around PPS4 and the flexibility that Councils should adopt in implementing the amended policies.