Court finds ASDA guilty of planning breach

Published by Jane Clee for Sevenoaks District Council in Housing and also in Communities, Environment, Local Government

Sevenoaks District Council has successfully prosecuted Asda in Swanley after it broke planning regulations and disrupted residents by receiving deliveries outside of agreed hours, the second successful prosecution for the breach in the last four years.

In a case heard at Sevenoaks Magistrates' Court on Wednesday 27 February 2008, Asda were fined £900 together with £520 in costs.

A planning condition was placed on the store in 1997 that states deliveries are only allowed between 6.30am and 6pm, Mondays to Saturdays and no more than six deliveries are allowed on Sundays and public holidays between 8am and 3pm.

This condition was included to minimise disruption to residents who live close to the store.

However, the Council was informed that deliveries were taking place outside the allowed hours by residents who were disturbed by the deliveries.

At court Asda, via its solicitor, entered a plea of guilty.

Councillor Gary Williamson, the Council's Cabinet Member with responsibility for planning, says: "This latest prosecution goes to show that the Council will not stand for breaches of planning permission, especially when it has such a disruptive effect on the nearby neighbours.

“In this case planning conditions were imposed to protect local people and it is unacceptable that these conditions have been regularly breached."

This is not the first time that ASDA in Swanley has been prosecuted by Sevenoaks District Council for breaching planning regulations.

In a court case heard at Sevenoaks Magistrates' Court on Thursday 27 May 2004, Asda was fined £750 together with £300 costs when it became apparent that the supermarket was not adhering to the delivery hours set out in its planning conditions.