Following a successful appeal by Aldi, planning permission has been granted for a new store and associated works in Maidstone, Kent.
The proposed scheme, on land allocated for a mix of uses, but predominantly for a medical tech employment use, was found to comply with development plan adopted in March this year. At the heart of the appeal was the interpretation of the allocation policy, and the underlying economic analysis and strategy. Whilst the Council maintained that the appeal site was necessary to deliver the ‘up to’ 100,000m2 for a medical campus, the Inspector found that the retail scheme was in accordance with other elements of the allocation. The Inspector also accepted the Appellant’s alternative argument that even if there was conflict with the allocation, the benefits of the scheme would outweigh that conflict.
The Inspector also agreed with the Appellant’s design evidence that the proposal properly responded to the campus feel of the allocation and was appropriately landscaped.
The decision is of interest as an example of the importance of the history and evidence base of a policy as part of interpretation and application.
Giles Cannock KC and Philip Robson were instructed by Tim Sturgess at Avison Young and Rob McClellan from Aldi.
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