THE government looks set to close a planning loophole which allowed ASDA the right to double the size of its Chandler's Ford superstore.

The company had claimed the right to construct a mezzanine floor at its Chandler's Ford store without planning permission.

The new floor - about 50,000 square feet - would double the size of the current sales area.

Under current planning legislation, the construction of a mezzanine floor is treated as an internal alteration so does not need separate planning permission.

When Asda submitted an application for a certificate of lawfulness, seeking confirmation from the council that proposals to construct the new floor did not need planning permission, Eastleigh Borough Council refused. It claimed the development was a material change of use.

Asda appealed and the matter - heralded as a test case and one that was being watched around the country - was argued out at a public inquiry last January. The appeal was upheld and the High Court confirmed the decision in June.

It left Eastleigh calling for the government to change planning laws to stop other supermarket giants following suit. Now, Whitehall has confirmed that it is considering moves that could close the loophole which allows retail stores unrestricted development.

In a letter to Eastleigh council leader Keith House, the minister for housing and planning, Keith Hill, has said the government was likely to undertake public consultation this year on new legislation that would remedy the situation.

Cllr House said: "Eastleigh wants to support all retailers - big and small. While we accept our existing superstores, the council is very concerned that local shops and our town centres could be threatened if there is unrestricted growth in out-of-town retail.

"We are still awaiting the details but I am pleased that the government is backing our plea for a change in the law."