Prosecution following breach of planning condition

When an enforcement notice to stop deliveries taking place in South Eden Park Road, Beckenham for the nearby Tesco Express supermarket was seemingly ignored, prosecution followed. A planning condition had specified deliveries should only be made via Stone Park Avenue, thereby minimising disturbance for local residents.

Tesco Stores Ltd pleaded guilty to five charges for failing to comply with the council’s planning enforcement notice. Tesco Stores Ltd was ordered to pay a total of £22,266.40 in fines and costs at Bromley Magistrates’ Court on 3 December 2024.

Councillor Page, Executive Councillor for Public Protection and Enforcement said, “It is important that, when planning conditions are granted as part of a planning permission, they are properly followed. Planning conditions are often included to help control the development for the benefit of all. In this case, the planning condition has been designed to minimise impact on nearby local residents. Whilst we will continue to monitor this location, we are hopeful this is the end of the matter as prosecution is the last resort.”

The enforcement notice was issued to stop deliveries contrary to a planning condition, which was included when planning permission was granted in 2016. Deliveries reportedly continued to be made in breach of the enforcement notice on at least five occasions, occurring between November 2023 and March 2024.

Ends

Notes to editors:

• Tesco Stores Ltd pleaded guilty to five charges under S.179 Town and Country Planning Act 1990 of breaching the enforcement notice on:
  • 11 November 2023
  • 21 February 2024
  • 22 February 2024
  • 23 February 2024
  • 6 March 2024
• Tesco Stores Ltd was ordered to pay a fine of £3330, a surcharge of £1332, and £17,604.40 in costs - totalling £22,266.40.

For media enquiries, please contact David Aderogba, Public Affairs Officer, on 020 8466 3060 or email david.aderogba@bromley.gov.uk