Greater Transparency in Planning Laws?

Author: David Linklater

It has been reported in the press that campaigners are calling for greater transparency to planning laws, apparently so as to give communities a greater understanding of new businesses opening in their locality.

This come hot on the back of reports that a Tesco Express was attacked by rioters in the Bristol April riots. On the afternoon of those riots, slogans such as ‘I love community’ and ‘not welcome’ were daubed in the vicinity of the building.

It is thought that the objection to the arrival of Tesco was down to a fear that it would compromise the Bohemian nature of the area and drive away individual business. It is reported that locals were angry at the local planning office,which had failed to highlight the fact that a new supermarket would be opened. As a result of this adverse publicity, Bristol City Council wrote to the Department for Communities and Local Government requesting that a new ‘supermarket’ use class be adopted. This would differentiate supermarkets from other retail outlets.

The justification of this is that communities feel that national chain stores have a greater potential impact on an area than a local, independent retailer, in that a national chain is more likely to have frequent deliveries from heavy goods vehicles and more of an economic impact on rival retailers.

The Department for Communities and Local Government has said that it is not the role of the planning system to restrict competition or to give one retailer an advantage over an another.

It remains to be seen what step campaigners will take next. However, what can be predicted is that any further steps will be fiercely resisted by Tesco, national supermarkets and large retail chains generally, the latter being likely to enter the fray to avoid a dangerous precedent being set. It seems unlikely that local campaigners will be able to resist the force of such national giants, however, what remains to be seen is whether Tesco, once approved and opened, would be boycotted by the same campaigners. The success of Tesco and its national competitors suggests possibly not, but it will be interesting nevertheless to see how this one plays out.

David Linklater is an Associate Solicitor in the Property Litigation department. He specialises in all aspects of commercial property litigation, acting for tenants, landlords, investors and developers.

If you would like more information or advice relating to a specific matter, please do not hesitate to contact David Linklater on 01727 798097 or by email at david.linklater@salaw.com
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