In one of the first retail appeal decisions to be considered against the NPPF, a Sainsburys scheme for an out of centre foodstore at Saffron Walden has been rejected by an Inspector because of the trading impact on the town centre, and in particular on a planned investment by Waitrose to expand their existing town centre store.
The Inspector found that these impacts were not outweighed by the benefits of a new store in terms of new employment and choice and competition. Whilst the Inspector found the Local Plan to be out of date judged against the NPPF this was not sufficient to justify allowing the appeal, which was found to fail the key retail tests in the NPPF. A similar outcome would have been expected under PPS4.
Michael Bedford appeared for Uttlesford District Council, Nathelie Lieven QC appeared for Sainsburys Stores Ltd, and Zack Simons appeared for Save Walden Town Centre."
For decision letter: Saffron Walden Sainsburys appeal decision 2012