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DC Casebook: Retail development - Country store allowed in employment unit

Retail development

Planning, 11 July 2008

The change of use of a vacant employment unit in Devon into a country store selling a range of agricultural, equestrian and DIY products has been allowed after an inspector determined that it would not harm the council's employment strategy for the area.

The 1,326m2 unit lay in a large industrial estate. The appellants stated that the scheme would create 22 jobs in a unit that had been vacant for around two years. The council asserted, however, that various options to retain the space for employment had not been fully explored.

The inspector gave weight to a marketing exercise carried out by the appellants that he felt demonstrated a lack of demand. Given that there appeared no under-supply of such premises in the council's area it would not undermine the employment land and building supply, he reasoned.

The store would sell a range of products such as those relating to equestrian activities and outdoor sports, together with some convenience goods. The inspector decided that a condition should be imposed limiting the range of goods that could be sold and the amount of convenience floorspace. In so finding, he dismissed claims that allowing the appeal would create a precedent, concluding that the council had not identified other premises that could be subject to similar proposals. Each scheme had to be judged on its own merits, he observed.

DCS Number 100-055-728

Inspector Neil Pope; Written representations.