Peter Village QC and Jonathan Darby successfully appeared on behalf of Braintree District Council in an Inquiry that sat for 7 days between 9 December 2014 and 7 January 2015.
Sainsbury’s appeal was recovered by the Secretary of State because it involved a proposal for a main town centre use comprising over 9,000 sq m gross floorspace and was proposed in an out of centre location. The Secretary of State’s inspector recommended refusal on the grounds of the significant adverse impact that the proposal would have on Braintree’s town centre (applying paragraphs 26 and 27 of the NPPF). Overall, the Secretary of State considered that Sainsbury’s proposal conflicted with the development plan and NPPF, and that any benefits were outweighed by the significant adverse impact that the superstore would have on Braintree town centre. The Secretary of State agreed with his inspector that there were no material circumstances that indicated the proposal should be determined other than in accordance with the development plan. Others matters considered in evidence before the Inquiry related to the sequential test and design.
The Inspector’s Report and Secretary of State’s decision letter can be accessed by clicking here.
Coverage of the decision can be found by clicking here.