March 17 2014 Latest news:
Monday, January 27, 2014
A Wymondham store that opened without correct planning permission is to meet with council bosses this week to lodge an application – nearly four months after it started trading.
Poundstretcher opened in the former Focus DIY store in Gateway 11 business park last September. But the store did not have permission to sell small goods which are sold in shops in the town centre.
South Norfolk council wrote to Poundstretcher on September 12 and gave it the opportunity to apply for permission, but it did not respond to the letter and opened its doors on September 27.
A High Court judgement relating to a similar case has strengthened the council’s position regarding the breach and now the store had said it intends to meet with the council and apply for planning permission.
South Norfolk Council spokesman, Jonathan Pyle, said: “In 2007, the unit was granted planning permission with a condition prohibiting the sale of certain goods.
“The owners of the site have challenged this condition arguing that it no longer applied because of a subsequent permission that was granted for alterations to the unit.”
When Poundstretcher moved into the site a similar case was being considered in the Court of Appeal which would clarify the legal issue arising in both this and several other similar cases around the country.
Mr Pyle added: “The council’s enforcement officer informed Poundstretcher of the planning condition and they told us that they were aware of the court case and if the judgement meant that they were in breach of the condition they would then make a planning application.
“The Court of Appeal has now determined the case and the judgement favours the council’s position. We are still waiting for the written judgement but we will be contacting Poundstretcher again, urging them to make a planning application.”
A spokesman for the store said: “We are hoping to set up a meeting with the council in the next few days, after which we will apply for planning permission.”
What do you think of the case? Contact EDPLetters@archant.co.uk