Lidl has won permission to build a new supermarket in the centre of Brentwood – overturning a decision from the local council  which had argued the traffic impact would be “unacceptable”.

Brentwood Borough Council now faces costs after the successful appeal by the German mega chain won permission to develop the site in Wates Way off Ongar Road into a food store and 46 residential flats.

Brentwood Borough Council, advised by Essex County Council, refused planning permission on the basis that a four stage traffic signalised junction, it argued was necessary for highway safety reasons, would lead to an “unacceptable impact on the free flow of traffic along Ongar Road and Wilsons Corner”.

But appeal inspector John Wilde discounted the need for a four stage signal scheme adding that an alternative three-stage signalised junction would not give rise to an unacceptable impact on highway safety.

The inspector went on to accept the developer’s case that, whilst the introduction of traffic signals in place of an existing mini-roundabout at the proposed site access would inevitably cause some delay, the impact of the development upon the network would not be severe.

Mr Wilde also rejected Essex County Council’s contention that 70 per cent of traffic would be new to the network, preferring to adopt the suggested 30 per cent assumption advocated by the developer.

He said: “I have concluded that assuming a new trip generation for the proposed development of 30 per cent would be reasonable. Taking into account this scenario and assuming a three stage functioning of the proposed traffic signals would result in about a 24 second delay per vehicle over the modelled area, with a maximum increased journey time of about 149 seconds. I acknowledge that the area suffers from congestion with long queues in the peak times, and that the Linsig modelling shows that on a Saturday at midday the junction would be very close to capacity. Nonetheless, I cannot conclude that the values given above constitute a severe impact.”

The inspector also concluded that the proposed development would not compromise the achievement of air quality targets and would not present an unacceptable risk of exposure to air pollution.

Mr Wilde also went on to conclude there were no policy grounds for Brentwood Council to refuse permission based on its concerns that should the proposed signalised junction prove not to be deliverable then the site could be left for a considerable time in an unkempt state, to the detriment of the character and appearance of the area.

He added: “it seems to me that whether or not a development is deliverable or not is a risk taken by the developer.”

In a statement as part of a decision to allow the appeal Mr Wilde said: “The council’s fourth reason for refusal concerned the feasibility of delivering the proposed signalised junction taking into account the congested nature of the site and the presence of underground utilities.

“The council were concerned that should the proposed signalised junction prove not to be deliverable then the site could be left for a considerable time in an unkempt state, to the detriment of the character and appearance of the area.

“There is no policy basis for this and it seems to me that whether or not a development is deliverable or not is a risk taken by the developer.”

The developer obtained an order for a partial award of costs in relation to the air quality and deliverability grounds of refusal.

Councillor Cliff Poppy, deputy leader of Brentwood Borough Council, said he could only say discussions were ongoing between Essex County Council and Brentwood Borough Council.

Essex County Council has been approached for comment.