A Willenhall supermarket hoping to get retrospective planning permission has been refused by Walsall Council’s planning committee.

Planning officers had already recommended a refusal for the change of use application at 36-40 Walsall Road.

Applicant R Singh of GNG Store UK Ltd wanted to change the former clothing warehouse to a convenience store offering South Asian vegetables, meat and drink. The proposed use commenced on 16 October without permission from the local authority. 

Mr Singh had submitted a retrospective planning application for the change of use earlier this year but he later withdrew it. Mr Singh later submitted an almost identical second retrospective application, the only difference was that an overflow car park was indicated to address parking concerns. 

This application was brought before the planning committee because a petition was signed by 251 members of the nearby Guru Nanak Gurdwara in support of keeping the store. 

Walsall Council’s planning officers had recommended the application be refused for four reasons. They said the application failed to provide a sequential test to justify the proposed development in an out-of-town centre location, as they considered it a town centre premise. 

They said the application failed to demonstrate a need for the proposed facility due to the nearby Core convenience store, Willenhall Asian Supermarket, Bimmies Afro Caribbean food store and Papa John’s pizzeria. 

They said it failed to provide sufficient car parking with only 11 spaces and one disabled bay. Highways stated a premise of this size would need 21 spaces and two disabled bays. Lastly, the application did not have a flood risk assessment. 

It was heard that Walsall Council told the applicant it did not need to get a costly flood risk assessment when the application was being refused for other reasons. 

While the petition in support of keeping the store did support the applicant’s case, planning officers said that it didn’t fulfil the requirements of a sequential test, or evidence the local need considering the existing provision. 

Speaking in support of the application, councillor Simran Cheema of Willenhall South, felt the store was of significant benefit to the local community. She said: “This change of use has a local community need. We have a very significant Sikh population within Willenhall and Sikh families tend to live in the vicinity of the gurdwara which is near to the convenience store. 

“If this was in a town centre location it would fail. It should be there for the community it serves which is practical at this location. 

“I believe the provision of 11 car parking spaces will satisfy the demand of this convenience store. Should there be any overspill there is a car park adjacent which can be accessed by the use of pelican crossing on Walsall Road.”

Councillor Bains moved the motion to defer a decision, allowing time for the applicant to gather further evidence to demonstrate the local need, sequential test and get a flood risk assessment. 

Cllr Bains said: “I’m in favour of the application, it’s got no use as a factory, it would bring things back to life and it creates jobs. I think many of the customers would walk there.”

However, a majority voted against the decision to defer. No other motion was put forward against the officer’s recommendation for refusal. A majority of members voted in favour to support the refusal.