The DIY shop has existing permission from the St Helier Constable to open on nine Sundays a year, but it was discovered that the store owners hadn’t applied to Planning to vary a planning condition which had been imposed when the store first opened on Queen's Road.

Under the original planning permit granted in 1998, before it was built, they were told they wouldn't be given permission to trade on Sunday because of neighbours' concerns about the impact of deliveries, traffic and noise.

Director of Planning Peter Le Gresley said: "It’s a rare case where we have a planning condition requiring someone to close on a Sunday and it was because of the neighbours objecting at the time, which they are really entitled to do.

"This is not a big Island issue. About four or five years ago B&Q applied to open a few times on a Sunday, that expired and they never renewed it.

"They've been in breach of the planning permission for four or five years, although fully compliant with the Sunday trading law.

“They have an extra restriction on them compared to everyone else, a restriction that no-one else, other than a couple of rural shops like Durrell’s charity shop, have."

The Planning department had four objections to the store applying for a permanent change of condition, from people expressing concerns about the possible increase in traffic, and noise from shoppers and deliveries.

Despite their concerns, the department had recommended the application for extra trading should be allowed provided there were no deliveries on Sunday, there were shorter opening times and the store came up with a parking plan to limit noise and traffic.

But Planning Committee members said they were still concerned about the impact on neighbours and as B & Q weren't at the meeting, hadn't heard any evidence from them to justify the removal of the planning condition, which was in line with Island Plan policies.

The department say B & Q's application is, in part, retrospective as the shop has already opened on five Sundays this year and Mr Le Gresley said he expects B & Q will appeal the decision.

He said: “The department wouldn’t normally serve an enforcement notice until any appeal has run its course.”