We identified a need for a new pharmacy to the north east of Romsey where there was a substantial GP practice with over 10,000 registered patients, but no provision for pharmacy services unless patients accessed the town centre. We quickly established that a previous application to open a pharmacy at this location had been refused at appeal, but we felt that this was an example of the wrong decision having been reached because the NHS Litigation Authority had not been provided with all the relevant information.

We submitted an application for inclusion in the pharmaceutical list to the local PCT and it was refused. We were able to provide sufficient information at the appeal stage for an Oral Hearing to be deemed necessary and following the hearing, the Oral Hearing Panel members unanimously agreed that the new pharmacy should be allowed to open.

Rushport then approached the British Red Cross to secure appropriate premises for the new pharmacy at a site opposite the medical centre. We were able to agree lease terms, secure planning permission and ensure the pharmacy was fully operational by the end of 2012.

Conor Daly - Partner at Rushport;

"This is a good example of not simply accepting that, because one application has been refused in the past, there is no point in applying in the future. Simply submitting multiple application is normally a waste of everyone's time and money, but where there have been changes since a previous application was made, or where the previous application failed to deal with the relevant facts, then there is no reason to assume that a fresh application will be refused if it is properly prepared. It is important that the decision makers, such as NHS England, are consistent in their approach and there is ample judicial authority that says just that, but each application must also be treated on its merits."