Halifax B&M gets legal permission to sell items customers have been buying there for more than 10 years already

B&M Homestore has been issued with a lawful development certificate allowing it to continue selling food at its shop at Shay Syke in Halifax, which houses a store and garden centre with associated parking.

A planning officer’s report with the application explains the odd twists and turns along the way – a planning history going back 40 years.

Basically, the building was historically limited as to what sort of goods it could sell, says the report compiled about the application by planning officers.

The site’s history has included spells as a builders’ merchants, DIY and garden centre, and later as a carpet retailer.

The planning officers’ report says the site’s planning permission by the mid-1990s still included a condition preventing retailing of food there – unless certain conditions including highway improvements were met.

There was no evidence these conditions were met, which meant the earlier permission not allowing sale of food was effectively reverted to.

However, B&M have sold food there since moving into the premises in 2007 – part of the company’s regular stock.

But as affidavits state they have been doing this for more than 10 years, the lawful development certificate confirms, on being granted, that the condition regarding food sales is no longer applicable, or in effect, and is not enforceable.

In other words – the certificate means that for B&M it is a case of “business as usual”.