Archived press release

Walmart tries to exploit planning loophole

13 January 2004

US retail giant Walmart, which owns Asda supermarkets, is hoping to exploit a loophole in UK planning law to massively expand 40 Asda stores in the UK by installing mezzanine floors. A public inquiry started today [1] into plans for a store in Eastleigh in Hampshire where Asda-Walmart wants to put in an extra 50,000 sq ft, doubling the size of the existing store.

Eastleigh Council has refused Asda-Walmart a `Certificate of Lawfulness' to allow it to go ahead without submitting a planning application. Asda-Walmart has appealed against the decision.

Friends of the Earth is calling for a change in planning law so that all major internal extensions, including mezzanine floors, would require planning permission. An amendment to the Planning Bill drafted by the environmental protection group will be debated next week in the House of Lords.

The amendment [2] would make it clear to local authorities that such developments need planning permission and enable them to properly assess the impacts. Even if Eastleigh sets a precedent by winning this public inquiry other local authorities will still be faced with going through the same process at public expense rather than having the certainty that a change in the law would bring.

Friends of the Earth believes that the loophole, which allows for vast expansions of non-food floorspace in out-of-town locations, makes a mockery of recent Government promises to revive town centres and reduce dependence on out-of-town car-based shopping [3].

Evidence from other mezzanine floor developments already suggests significant impacts when stores are expanded in this way. Asda-Walmart is using the new floorspace for non-food goods which changes the nature of the store and poses a new threat to existing town-centre stores.

In Sheffield Asda-Walmart has added 33,000 sq ft for its non-food range leading local MP Clive Betts to comment that local traffic problems have been made worse by the development. Asda has boasted that its extended York store brings traffic in from further a field due to the increased range of non-food goods. A survey by Friends of the Earth has revealed that Asda and other retailers have already installed mezzanine floors in other south east stores without planning permission [4]

Brenda Pollack "If the Council win this case it will be an important precedent for other local authorities faced with huge mezzanine floor proposals. But it won't provide the certainty that an amendment to the law would bring. The Government should act to make sure that all major internal supermarket extensions are brought within planning control so that local people have a say and impacts on town centre shops and traffic growth can be assessed. If the Government does not close this planning loophole its promises to revive town centres will sound very hollow indeed"

Friends of the Earth is hoping for a positive response from the Government next week. When the issue was first raised in the Lords last week by Baroness Maddock, the response from the Minister Lord Rooker promised to act on the issue saying that "I cannot say whether it is a matter for the Bill or other legislation, but we take it extremely seriously".

Notes

[1] Eastleigh Borough Council press release 13^th January www.eastleigh.gov.uk

[3] In December 2003 the Government published draft new guidance on retail and town centres and stated that "we must regenerate all our town and city centres". Press release from Office of Deputy Prime Minister 15^th December 2003.

[4] Full results of the Friends of the Earth survey will be released shortly.

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Published by Friends of the Earth Trust