By Anna Burdett

Last updated 16:43, Saturday, 23 August 2008

SAINSBURY’S has been thwarted in its attempt to build a store in Carlisle after councillors ignored their own traffic study and refused planning permission.

Turned down: Sainsbury's planned development

Despite warnings from the city council’s lawyer that refusing the application would land tax payers with a £10,000 legal bill, members of the development control committee voted against the application on the grounds of noise and excess traffic.

Developer Kans & Kandy wants to build Sainsbury Local convenience store, a separate shop unit and nine flats on the old Gates Tyres site in Scotland Road.

Councillors had already deferred a decision on the scheme for an independent traffic survey to be prepared.

But they ignored the report’s view that the extra 900 traffic movements generated by the store each day would be acceptable.

They also ignored the head of legal services Mark Lambert who told the committee that there was every chance an appeal would be granted and the council would face a legal bill of around £10,000.

Ray Bloxham, a planning committee member, said afterwards: “I think we got the right decision. I’ve a feeling it might not be upheld by the planning inspector. Unfortunately, I think sometimes democracy costs money.”

Councillors voted five to three against after ward representative John Stevenson spoke against the scale and design of the building and the increased traffic. There were 43 written objections and a petition against the store signed by 534 people.

Committee member David Morton said: “I genuinely believe the traffic consultants have got it wrong, they don’t really understand the circumstances locally.

“We should refuse it on traffic grounds.

“We’re not always right and sometimes we get it wrong but I’m prepared to take that risk.”

Peter Razaq, a director of developer Kans & Kandy, said they would be appealing the decision.