ACS

Today’s Competition Appeal Tribunal’s ruling against a competition test for new retail development will slow down the Government’s plans to implement an effective town centre first planning policy, according to ACS (the Association of Convenience Stores), which represents 33,000 local shops.

ACS Chief Executive James Lowman said: “We are disappointed that Tesco’s appeal against the planning competition test has succeeded. This decision will mean yet more delay in the implementation of an effective town centre first planning policy.

“We need a clear robust retail planning policy that resists harmful out of town development and gives power to local people to build vital and vibrant centres for their community. Government has been looking at this issue for over three years and while there remains confusion, planning authorities are weaker and less effective.

“This result must not derail work towards an effective policy and ACS will continue to work for diverse, vibrant and vital centres.”

Mr Lowman also criticised the Competition Commission, which recommended a competition test to deal with the problem of highly concentrated local markets in its grocery market report of April 2008: “This appeal has exposed yet another flaw with the Grocery Market Inquiry. Having gathered evidence for over two years, and in spite of having identified real consumer detriment, the Commission has yet to put in place any of the measures that it concluded were necessary for a fairer market.”

The Government will consider this judgment and its implications for planning policy. The Department for Communities and Local Government consultation on a revised Planning policy Statement 6 has closed and the outcome of the consultation is expected in spring of 2009. The publication of a revised policy is not dependent on today’s judgment although it is unlikely that the revised policy, if published in Spring, will contain a competition test.