The judge upheld the dismissal by a planning inspector of two appeals against the refusal by Luton Council to remove or vary a limitation on planning permission restricting the amount of land given over for the retail of electrical goods in an out of town retail park near Luton.
Consent had originally been granted on condition that the maximum amount of floorspace frr the sale of electrical goods did not exceed 15,000 sf.
Grantchester wanted to increase the area of floorspace and sought to have the restriction lifted. But the inspector refused the application because there were other sites available and there was a risk that to do so would erode the future vitality and viability of the town centre.
Granchester challenged this arguing that the inspector's conclusion that harm would ensue to the existing town centre was contrary to the evidence of experts. The court disagreed and the application was dismissed.
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