Sainsbury's fined £4,000 for breaching planning notice

SAINSBURY'S has been fined £4,000 for repeated breaches of a planning notice served by Rugby Borough Council.
12 January 2016

Sainsbury's Supermarkets Limited was found guilty of four breaches of the condition notice served on its Sainsbury's Local store, in Hillmorton Road, at a hearing held at Nuneaton's Warwickshire Justice Centre on Tuesday 5 January.

It was the third time the store had been prosecuted for breaching the notice after magistrates imposed fines in April and September 2015.

The court heard the store was granted planning permission in 2010, with a condition all delivery vehicles had to park within the boundary of the store's site while unloading goods.

But from August 2012 the council received a number of complaints about vehicles parking on Hillmorton Road while making deliveries to the store.

And when talks between the council's planning enforcement team and the store's manager failed to resolve the issue, the council served a breach of condition notice in August 2013 - making further breaches of the planning condition a criminal offence.

Sainsbury's was fined £1,000 by magistrates for a breach of the condition notice at a hearing in April 2015, and a further £2,000 for two breaches of the notice at a hearing in September 2015.

At last week's hearing, Sainsbury's was found guilty in its absence of a further four breaches of the condition. The breaches took place on 25 October, 1 November, 8 November and 15 November, and on each occasion a delivery parked on Hillmorton Road, blocking the footpath.

Magistrates imposed a £4,000 fine - £1,000 for each breach - and ordered Sainsbury's to pay a £100 victim surcharge and £384 costs.

Speaking after the hearing, Cllr Heather Timms, Rugby Borough Council portfolio holder for development, said: "This condition was included in the planning permission granted to Sainsbury's in order to ensure the safety of pedestrians and drivers on Hillmorton Road.

"Our planning enforcement team always aims to resolve issues such as this through constructive dialogue but unfortunately in this case we have been forced to take the matter to court."

Residents can report suspected breaches of planning conditions or planning permission by calling the council's planning enforcement team on (01788) 533759 or emailing rbc.planning@rugby.gov.uk