- Decision
- dismissed, 30 September 2026
- Decided by
- Planning Inspector: John Longmuir
- Authority
- Harrow (London)
- Appeal reference
- 6005822
- Application reference
- PL/1370/25
- Procedure
- inquiry
- Development
- Food retail store (Class E(a)) with warehouse, 94 car parking spaces, cycle parking, access and landscaping
- Site context
- inside settlement, PDL
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- TC3, S4
- Development plan policies
- Harrow Local Plan 2021-2041 (adopted 24 Mar 2026) LE1, LE3, M1, M2, O1, GR1, allocation O21 Anmer Lodge, London Plan 2021 D3, E4, T1, T2, T4, T6, T6.3
- Main issues
- retail sequential test; economy and industrial land; car parking; efficient use of land
Summary
An Aldi food store on a vacant former gas-holder site in Stanmore, decided after an inquiry. The inspector found for the appellant on parking, efficient use of land and industrial land, but dismissed on the retail sequential test: an allocated town-centre site (Anmer Lodge) could not be discounted. The recently adopted plan's town-centre policy LE1 governed, and significant benefits did not justify a departure.
Issues and findings
- Transition. "Both parties were given the opportunity to comment on the significance or otherwise to the amendments of the 17 August published edition" (DL ¶6). "Both parties agree that the sequential test is materially unchanged from the previous Framework" (DL ¶10).
- TC3 sequential test: FAIL. "the evidence before the Inquiry is conflicting and taken overall, is not sufficiently clear to demonstrate that the potential for food retail at the Anmer Lodge site can be discounted and the sequential test has not been fully explored" (DL ¶27).
- Parking: mixed. 94 spaces exceed the London Plan maximum, but "the level of parking is necessary to allow safe functioning, and the proposal would not conflict" with T2 and M2 (DL ¶52).
- Efficient use: PASS. "this is reuse of a seemingly vacant, but definitely much under used, brownfield site which in itself is positive" (DL ¶67).
- Economy: PASS. "I therefore find no overriding need for the industrial use of the site" (DL ¶77).
Planning balance
Plan-led. "when taken as a whole I find that the proposal would be in conflict and the Development Plan warrants substantial weight" (DL ¶96). S4 is cited, and of the S4(2) allocation limb the letter says "This supports my conclusion above" (DL ¶97). Benefits "collectively would be significant" (DL ¶98) but "do not warrant a decision other than that in accordance with the Development Plan" (DL ¶99). The letter does not state an S4 "substantially outweighed" conclusion in terms, and applies the S4(2)(a)(i) allocation idea to the alternative site rather than the appeal site (recorded as drafting-slip).
What made the difference
Anmer Lodge. A recent pre-application approach, an allocation confirmed by the local plan inspector as suitable for a supermarket, and the council's flexibility argument meant the alternative could not be ruled out, despite its shrunken site and a long history of non-delivery. Evidence that the allocated site was genuinely unavailable or unsuitable for food retail (e.g. market testing) was what the appellant needed.
Transferable points
- The TC3 sequential test requires flexibility on format and scale; an allocated town-centre site with recent developer interest cannot be discounted on non-delivery history alone (DL ¶14, ¶18, ¶27).
- Parking above a London Plan maximum can be justified where fewer spaces would cause queuing onto the highway and residential overspill (DL ¶42–43, ¶52).
- A retail scheme's jobs can outweigh an argued need for industrial reuse where the plan meets industrial need on existing sites (DL ¶75–77).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| TC3 | fail | out-of-centre; potential for food retail at allocated Anmer Lodge (O21) site in Stanmore cannot be discounted; sequential test "not been fully explored"; parties agreed test materially unchanged from previous Framework (DL 8-10, 27-28) | |
| TC4 | pass | retail impact assessment accepted, no significant adverse impact on local centres (DL 2, 82) | |
| TR2 | neutral | 94 spaces v 38 London Plan maximum conflicts with T1/T6.3; but spaces needed for safe functioning (Cadent easement, queuing on Marsh Lane, overspill); "both support and conflict" with Framework (DL 29, 36-52) | |
| TR3 | conflict | PTAL 2; TR1 and TR3 cited as reinforcing the town-centre-first conflict (DL 44, 52, 96); no walking-route analysis | |
| L2 | pass | efficient footprint on constrained 0.9 ha (0.4 ha developable) triangular site; reuse of underused brownfield land "in itself is positive" (DL 54-68) | |
| E2 | pass | no overriding need for industrial use; 40 jobs; complies with LP E4 and LE3 (DL 69-81) | |
| S4 | fail | S4 cited; S4(2) allocation limb said to support the conclusion (the allocation is the alternative Anmer Lodge site, not the appeal site); significant benefits do not justify departing from the plan (DL 97-99) | |
| s38(6) | conflict | substantial | LE1 is the most important policy; plan as a whole in conflict and "warrants substantial weight" (DL 94-96) |
| DM6 | neutral | UU (BNG, travel plan, highway works, carbon offset, employment and training) meets the tests (DL 89-93) |
Key facts
- Inquiry 4-11 Aug 2026; parties invited to comment on the 17 Aug Framework (DL 6)
- Site underused since 2012 after gas holders demolished; 0.9 ha, 0.4 ha developable because of easements (DL 56, 65, 73)
- Anmer Lodge (allocation O21, mixed use incl. food store) has an extant, barely commenced 2014 permission; recent Gracie Group pre-application interest; Aldi's offer rejected (DL 12-19)
- Council did no market testing of Anmer Lodge retail potential (DL 22)
- 94 spaces proposed v 38 under London Plan T6.3; TfL demand 85, appellant 89; council highways supported the level (DL 36-49)
- PTAL 2; Aldi catchment 5-minute drive time (DL 26, 44)
- Benefits (brownfield reuse, 40 jobs, BNG, energy-efficient building, bus stops) "collectively would be significant" (DL 98)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.