Bid by Sainsbury's to challenge East Cambs refusal to allow open all hours tanker deliveries to Ely store rejected on appeal
PUBLISHED: 14:59 24 July 2017
Sainsbury's has lost an appeal to try and vary delivery times of fuel to its recently open filling station - a Government inspector ruling that residents' comfort comes first.
The store wanted to introduce deliveries to any time between 5am and midnight but East Cambs Council insisted they stick to the 7am to 11pm window agreed when the filling station was built.
Jonathan Price, the inspector who heard the appeal, said the main reason for the condition was whether it was “necessary and reasonable” to protect the living conditions of people living nearby.
Mr Price reminded the store that national planning policies are there to avoid significant adverse impacts on health and quality of life as a result of new development.
Although tanker deliveries are only expected twice a week, the inspector said he was “nonetheless persuaded by the council’s concern that fuel deliveries outside the conditioned hours would exacerbate the level of disturbance already caused by the food store”.
Unlike deliveries to the store, fuel delivers were made in the open and in an area closer to residents.