Paul Tucker QC and Gary Grant successful in West Somerset Retail Appeal

Paul Tucker QC and Gary Grant successful in West Somerset Retail Appeal

Following a Public Inquiry in May 2017 an Inspector has allowed appeals for the redevelopment of a site to provide a foodstore (Class A1), retail shops (Class A1), food and drink uses (Class A3), health services (Class D1), residential dwellings (Class C3), vehicle and pedestrian access, and associated car parking and landscaping. In this appeal (A) the proposal is for a food store (supermarket) of up to 2,300 sqm gross floor area, Class A1 retail units of up to 950 sqm gross floor area, up to 390 sqm of professional and financial services, food and drink uses and health services uses, up to 175 car parking spaces, a pedestrian link to Fore Street and a new mini roundabout.

An additional appeal (B) proposed the erection of up to 480 sqm gross of flexible Class A1/ A2 floorspace linked to the proposed redevelopment of land associated with Application No 3/39/14/010 to include vehicle and pedestrian access and landscaping.

The Inspector accepted the Appellant’s case that the proposals would help to address the substantial leakage out of the study area of main food shopping to other out of centre locations and would enable a significant claw back of such expenditure which accorded with the objectives of the development plan for the settlement of Williton.

The Inspector also saw the benefits for the centre of a pedestrian linkage to enable linked trips together with free parking (2 hours) such that the Appellant’s proposal is properly to be regarded as an extension to the retail area which would enhance its vitality and viability. In the absence of any significant highways harm the Inspector found the proposals to have overall accordance with the development plan subject to conditions and the terms of a submitted planning obligation. The Appellant also was awarded partial costs on Appeal B.  

Paul Tucker QC and Gary Grant of Kings Chambers appeared for the Appellant upon the instruction of  MWA Planning.

A PDF of the appeal decision is attached.

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