Huge new Sainsbury's plan for York looks set to collapse

Sainsbury’s won planning permission early last year for the 60,000 square foot store on the current site of B&Q in Hull Road, despite more than 2,000 objections from local residents and traders.

But Sainsbury's and B & Q subsequently appealed against a condition imposed by City of York Council which barred deliveries between midnight and 5am to protect local residents from noise.

Agents for the retailers said: “It is imperative for the operation of the foodstore that deliveries can be made to the store 24hrs a day.”

They said mitigation measures such as ‘acoustic fencing’ around the service yard and the turning off of refrigeration on HGVs meant deliveries would not result in unacceptable noise levels for the nearest dwellings,’ and the condition was not necessary.

Now a Planning Inspectorate official has warned in a letter to the agents that the inspector considering the appeal has serious concerns about much of the highway evidence produced for the hearing and, with the present information, would be ‘minded to reverse the council’s decision.

The official said the inspector believed the potential for noise during unsocial hours, coupled with the further potential for lighting and activity, led him to the view that a ‘more restrictive regime’ than the one permitted by the council would be necessary.

The inspector, exercising powers under a 1990 Act, had looked at the whole permission afresh, as if it had been made to the Secretary of State in the first instance, and was in a position to proceed on this basis, and the applicants were being invited to consider withdrawing the appeal.

They would retain the original approval but only until next March and the inspector proposed to defer issuing his decision on their appeal until they had considered the position.

In a previous letter to the council, the official revealed that the inspector had paid two site visits to the Hull Road junction during the evening rush hour and was concerned about levels of traffic, with an eastbound queue inhibiting the operation of a roundabout.

Osbaldwick councillor Mark Warters said: ”The Planning Inspector doesn’t believe the highways assessments for the Sainsbury’s scheme, because he actually went out and saw for himself the current chaos on Hull Road!”

A leading opponent of the plans, Graham Kennedy, of the nearby Inner Space filling station, who warned before approval was granted that there would be a disastrous effect on traffic in Hull Road, which was already regularly jammed, claimed yesterday the inspector’s comments vindicated his position and meant the council had got its decision badly wrong.

A B&Q spokesperson said: “Once we have considered our response we will reply to the planning authorities. It would be inappropriate to comment before that.”

Sainsbury's and City of York Council declined to comment.