ASDA has registered a victory in the running battle between supermarkets and government over the use of mezzanine floors to extend selling space.
The high court sided with the supermarket in a dispute over plans to add a 50,000 sq ft mezzanine floor to a Hampshire store with an existing 83,300 sq ft sales floor.
The government is intent on discouraging such extensions because of the potential repercussions for town centres.
In March, it introduced an enabling clause into the new Planning and Compulsory Purchase Act to curb the use of mezzanine floors.
But a spokesperson for the Office of the Deputy Prime Minister admitted that the clause would have minimal impact until secondary legislation was passed.
ASDA applied to install the mezzanine in its store on Bournemouth Road, Chandler’s Ford, in 2002.
The application was refused by Eastleigh borough council, but was granted consent following a planning inquiry.
The council appealed but, in the high court, Justice Collins held that ASDA must be permitted to add the mezzanine because the premises would remain a Class A1 shop.
He warned that local authorities must impose conditions on the amount of usable floorspace when consent is first granted.
References: EGi News 14/06/04
