A RETAIL unit in Whitchurch which was served an enforcement notice by Shropshire Council has now been deemed ‘legal’.

St Mary’s Arcade, at 13-17 High Street, had previously been served the notice over whether it had the correct planning permission for retail and residential properties.

However, Shropshire Council confirmed last week that an application to bestow a legal certificate on the development was passed after applicant Russell Harrison proved there had been a long-standing presence of retail on the site.

Planning officer Janet Davies, in her report, highlighted that while there had been a gap of two years in trading after the closure of Poundstretcher, this was down to the Covid-19 pandemic.

She added: “Officers understand that Poundstretcher ceased trading at the site in August 2020 and that St Mary’s Arcade started trading in December 2022.

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“As such there is noted to have been a period of just over two years when the unit was not trading indicating that the retail use might be considered not to span the full 10-year period.

“This might call into question whether the alleged retail activity has been a continuous and primary use in accordance with planning law.

“However, the officer's view is that extenuating circumstances exist in this case.

“It should be noted that the intervening period coincided with the Covid-19 crisis which is acknowledged to have had a strong and sudden impact on retail trade.

“The retail industry was affected by national lockdown between the months of March and June 2020, a second national lockdown in November 2020, and a third (January to March 2021) after Poundstretcher had ceased trading.

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In this particular case, officers consider that weight should be accorded to the extensive period of time that the buildings have been trading for retail purposes (i.e. photographic evidence shows that retail activity been carried out at least since 1950).

“Taking all of the above into account, it is concluded that on the balance of probability (i.e. more likely than not) the primary use of the building has been as a retail unit for a virtually continuous period of at least 10 years.

“Thus sufficient time has elapsed to secure impunity from enforcement action, and accordingly a certificate of lawfulness can be issued.”

Mr Harrison, in his application, provided evidence of the building’s long history of retail with a series of pictures.

There are currently six businesses that the arcade is home to, including fashion stores and technology shops.