Brett Works, Hadleigh
Tesco Stores Ltd

Addressing a wide range of complex issues and keeping decision makers briefed, secures a retail allocation in a sensitive location.

The site, whilst close to the town centre, was located partly within a flood plain on meadow land and adjacent to an important conservation area. Access to the High Street was difficult to achieve without harming the historic character of the area.

Officer support was however secured for the supermarket and access proposed. But an alternative, out of centre site, was preferred by members. We secured the call in of this competing application. At the inquiry we established quantitative need for a proposed supermarket (despite sustained opposition from a locally established competitor) and persuaded the Secretary of State of the harm the alternative site would cause to the town centre. Our client’s site was preferred but access to the High Street conflicted with conservation issues.

Notwithstanding the Secretary of State’s decision, local groups lobbied members who initially chose to make no allocation in the emerging Local Plan. Subsequently, they promoted the alternative, out of centre site.

Through the coordination of a comprehensive package of reports and assessments into all the issues (including flood risk, archaeology and a revised highway access solution), we maintained officer support. With effective briefing of members, we eventually secured the allocation of our client’s site as a Pre-Inquiry Change. The amended proposal did, however, require third party land and was subject to a series of inappropriate requirements (including the provision of 1 ha of public open space).

By objecting to these requirements, we were able to appear at the Local Plan Inquiry and promote the supermarket allocation against local interests who remained opposed to it. The various technical reports and assessments helped satisfy the inspector of the appropriateness of the allocation. He recommended the removal of most of the unreasonable requirements. He responded positively to our request that the policy should make specific reference to the possible requirement for the Council to use CPO powers to secure any necessary third party land. Council members have now accepted the allocation with appropriate criteria including the specific reference to the use of CPO powers.