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At least two Tesco stores are being investigated by Hounslow council in west London. The authority is concerned about the construction of mezzanines, which, under new planning rules, may have required permission.

A council spokesperson said the planning department suspected that the mezzanine floors at outlets in Richmond and Osterley, were unlawful.

The new rules mean that mezzanines with a floor area of more than 200m2 need planning permission, unless construction had started before May 2006.

Mezzanine floors are extended balconies between the main floors of a building. They were popular with large retailers and supermarkets because they could almost double floor space without applying for permission to extend the existing building.

The spokesperson said: 鈥淭esco said it didn鈥檛 need planning permission to build the mezzanines and provided a certificate to show it was lawful. We rejected that as we felt there wasn鈥檛 enough evidence.鈥�

The spokesperson added that the council was waiting for Tesco to provide further evidence that construction had started before May 2006.

Tesco said it didn鈥檛 need permission, but there wasn鈥檛 enough evidence

Hounslow Council spokesperson

Industry sources claim that problems with mezzanines are widespread in the industry.

Many retailers rushed to start work before the cut-off date last year but authorities are now asking for proof that sufficient work was undertaken before then.

A source at the council said: 鈥淗ammering in two nails doesn鈥檛 count. This is where the stores are finding themselves in breach of the new laws.鈥�

A Tesco spokesperson said: 鈥淲e are in regular discussions with Hounslow council over the two sites but we鈥檙e hopeful the outcome will be satisfactory for all parties.鈥�

He refused to comment on the claim that the problems were more widespread.