By Julian Whittle

Last updated 15:00, Friday, 17 October 2008

The developer behind plans for a Sainsbury’s convenience store in Carlisle has appealed against the city council’s decision to refuse planning permission.

The scheme for a Sainsbury’s Local, another shop and nine flats on the former Gates Tyres site in Scotland Road, Stanwix, was thrown out by councillors in August.

They argued that it would lead to “an unacceptable increase in traffic”.

The appeal will take the form of an informal hearing chaired by an independent planning inspector. The date and venue have yet to be decided.

Representatives of Carlisle City Council and developer Kans & Kandy will put their case. The inspector may allow other interested parties to speak.

The development control committee’s decision to refuse planning consent – by a majority of five votes to three – was controversial.

Councillors went against the advice of planning officers, the highways authority and their own traffic consultants hired at a cost of £3,150.

And they ignored Mark Lambert, head of legal services, who warned the decision was likely to be overturned on appeal. If costs are awarded against the council, it could easily face a legal bill of £10,000 plus.

Its case will be further weakened if, as seems likely, planning officers give evidence against the authority. Head of planning Alan Eales said the officers’ code of conduct required them to “express their bona-fide professional opinion” at appeal hearings.

In this case, the evidence could not support the refusal of planning permission.

The city council received 43 written objections and a petition against the scheme signed by 534 people.

Objectors were worried about increased traffic, lack of parking, the scale and size of the building, the potential for noise and loss of privacy.

Planning officers said these arguments were overstated.

The 5,000sq ft store would be similar in size to Brampton Co-op and only a third as big as the Aldi in Kingstown Road.

Kans & Kandy has twice altered its plans in an attempt to head off criticism.

The two-and-a-half-storey building would be 9ft 6in lower than first proposed and have nine flats, not 11.

The planning officers’ report said: “In overall terms, the principle... is acceptable.

“Given the size of the convenience store the anticipated traffic generated would not be detrimental to safety.

“Nor are the parking facilities inadequate.”

Anyone can make written submissions to the appeal inspector.

These should go to The Planning Inspectorate, Room 3/18A Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN, quoting reference APP/E0915/A/08/2086921/NWF.

They must arrive by November 18.