SUPERMARKET giant Asda wants to build a new two-level store on its existing Chandler's Ford site.

But they have no plans to double the sales area of the Bournemouth Road store despite the High Court giving its blessing.

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

Concerned about the impact on its local shopping centres, Eastleigh council wanted to plug the controversial loophole.

But the highest court in the land has approved the decision of Deputy Prime Minister John Prescott to allow the Chandler's Ford superstore to double the size of its original sales area.

Now Asda is set to unveil plans for a brand new two level 95,000 square feet store that would only be marginally bigger than the existing 83,000 square feet store.

The Bournemouth Road store is 30 years old and, although there have been continuous improvements, the company say that it is beginning to look tired and outdated.

A spokesman said: "We looking at various ways of reinvesting in the store to provide a better environment for our colleagues and customers."

The company says the modest increase in the size of the store would provide a more modern shopping environment for customers with wider aisles and more room to circulate.

The spokesman added: "Asda will shortly be submitting a planning application for a brand new two-level store on our existing site.

"This will be the subject of a full planning application on which all interested parties will be able to comment.

"Our customers will get the store they deserve while we have taken on the council's concerns about the town centre and are not intending to build out all the space we are entitled to."

A clause in the new Planning and Compulsory Purchase Order Act would enable the government to make an order that would require planning applications to be made for mezzanine floors.

Eastleigh council leader Keith House said the council would be urging the government to bring this order into effect as soon as possible.

He said: "Current legislation allows large stores to drive a coach and horses through government policy which is designed to limit out-of-town shopping, discourage the use of the car and promote town centres.

"Eastleigh's efforts to challenge the existing arrangements have helped to highlight the problem and will hopefully encourage the implementation of changes sooner rather than later."

Councillor House added: "This is particularly important if we are to safeguard the vitality and viability of the town and local shopping centres."

Town centre trader Charles Sims, said the government were "chipping away" at their current intention to put a lid on out- of-town developments.

He said: "This will not only have implications on shops in Eastleigh but over a much wider area.

"Stores of this size tend to draw people from far and wide. I am in agreement with the council over this, it completely goes against government policy."