A SUPERMARKET has been refused permission to receive deliveries on a Sunday – despite “mistakenly” breaching the rules and allowing vans to unload on Sundays for more than 20 years.

Bosses at the Aldi supermarket on Yarm Road, Darlington, applied to extend its delivery hours after it came to light that restrictions placed on its original 1991 planning permission prevented the store taking deliveries on Sundays.

An agent for the supermarket told Darlington Borough Council planning officers that they had been unaware of the restrictions until recently but that it appeared to have started as a “genuine mistake” when Sunday trading laws were relaxed in 1994.

The breach at Aldi was revealed when the neighbouring Lidl store applied to extend its similar delivery hours last year, which was rejected by Darlington Borough Council.

Under the 1991 planning permission Aldi is allowed to receive deliveries from heavy goods vehicles between 8am and 6pm Monday to Saturday.

The supermarket had applied to the council to extend those hours to 7am during the week and to add Sundays between 9am and 4pm.

A letter submitted to the council from Signet Planning on behalf of Aldi said: “Following the introduction of the 1994 Sunday Trading Act, Aldi commenced trading on Sundays.

“At the time when Sunday trading commenced, deliveries will also have commenced to coincide with this and ensure the store had sufficient fresh produce on a daily basis. In this respect Sunday deliveries have been taking place to this site for 20 years.

“Until recently Sunday deliveries have taken place without any negative impact on residential amenity or complaints.

“Similarly the store has also taken deliveries outside of the restricted hours during the week for many years, without complaint.”

The application sparked 20 letters of objection from people living nearby and had also been opposed by environmental health officers from the council.

The environmental health officer said: “There have been a number of occasions over the years since the store opened when deliveries have taken place outside the permitted times and this has resulted in complaints to this department.

“Discussion with this complainant has revealed they were not initially aware of the planning restrictions and therefore did not complain for a number of years as they did not feel they had any recourse even though the situation was, in their opinion, unsatisfactory.”

The officer added: “Discussions have taken place with store management on a number of occasions informing them of the planning conditions and the breaches of these conditions. Therefore the applicant cannot claim to have been unaware of the restrictions.”

Planning officers working under delegated powers refused the application to extend the hours, saying it would “result in an unacceptable detrimental impact on the amenities of nearby residents, particularly those proposed for Sundays”.

Aldi has a right to appeal or could apply for a certificate of lawful existing use, based on the length of time they have been operating on Sundays.