Filling station hours extension appeal rejected

A bid for 24-hour operations at a supermarket filling station and on-site shop has failed after an appeal was dismissed by the Planning Inspectorate.  

Asda Stores’ original application to remove a long-standing condition restricting hours at the site on Lutterworth Road was rejected by Blaby District Council in August last year. 

The retail giant wanted to change the condition limiting all operations to between 7am and 11pm Monday to Saturday and between 8am and 10pm Sundays and Bank Holidays. 

The condition was imposed in 2006 when the garage was renovated and not run by Asda. The variation of condition application sought 24-hour petrol pump and shop use with extended fuel delivery hours between 4am and 11pm Monday to Saturday and 7am to 11pm Sundays and Bank Holidays. 

Permission was denied as the site is surrounded by homes and the extra hours would cause unacceptable noise and disturbance to residents. 

Asda disagreed with the decision and appealed to the Planning Inspectorate. However, after considering written representations, the inspector upheld Blaby District Council’s refusal. 

He said while an assessment found any extra noise disturbance would not be harmful, there was the issue of light pollution during night-time hours which had not been addressed. He concluded: “..it has not been demonstrated that the proposed extended operating and delivery hours of the petrol filling station and shop would not have a harmful effect on the living conditions of occupiers of nearby properties.” 

He added the condition was both reasonable and necessary. 

Councillor Mike Shirley, Blaby District Council Portfolio Holder for Planning and Strategic Growth, said: "Planning conditions are put in place for reasons and this condition was to protect neighbours of the garage from unwanted disruption during quiet night-time hours. 

"The condition has been in place for 20 years and we saw no good reason to lift it, nor were given sufficient mitigating factors for lifting it when the variation application was considered. I’m pleased the government planning inspector agreed with our assessment the condition was in the best interest of the local community." 

Councillor Mike Shirley
Portfolio Holder for Planning and Strategic Growth