In June we reported that Dobbies' plans to build a controversial gardening superstore in Nether Alderley had been delayed by the Strategic Planning Board, because they felt insufficient information was available to determine whether an extension could be granted to SE Matthew's original planning permission.
Dobbies' plans could now be delayed even further because a survey for Great Crested Newts has shown that the protected species are present at the site.
Dobbies' plans for their Garden World Development seek to draw on the approved planning permission for the relocation of the original Matthews Garden Centre across the road (03/3214P), which was granted on 9th March 2005. However this permission has since expired because it required the development to commence within 5 years, or within 2 years of approval of the last of the reserved matters which happened on 18th April 2008.
As a result of fundamental changes to the planning policy framework a Flood Risk Assessment and Habitat Surveys for both the Great Crested Newts and other European protected species are now required, so in June the application for an extension was deferred to allow the applicant more time to conduct the required surveys and put legal agreements in place.
Rachel Hacking Ecology Limited undertook a survey for Great Crested Newts at the site in August during which five Great Crested Newts, which is a European protected species, were found in the pitfall traps.
Whilst a spokesman from Cheshire East was unable to confirm whether the presence of Great Crested Newts would delay the whole process they did confirm that the presence of a protected species is a material consideration for the local authority when deciding planning applications. Great Crested Newts live in terrestrial habitats for most of their lives and therefore the loss of any terrestrial habitat has to be mitigated against.
Before any development can take place on an area of land where the Great Crested Newt's population will be affected, a Natural England Mitigation Licence must be applied for which sets out the mitigation that will be put into place for any loss of habitat. Prior to applying for such a licence, surveys must have been carried out on all ponds within 500 metres of the development footprint during the newt breeding season, which is from March to June.
The decision regarding extending SE Mathew's original planning permission has been deferred to the Strategic Planning Board meeting on October 27th and a decision regarding the revised planning application (09/3109M) which Dobbies' submitted on September 28th 2009 for the Garden World Development is still pending.
Comments
Here's what readers have had to say so far. Why not add your thoughts below.
The grounds for refusal are: change in circumstances, insufficient information and mitigation in respect protected species and the lack of a satisfactory S106 Agreement.
The original planning permission (ref 03/3214P) granted outline planning permission for SE Matthews to relocate their existing garden centre and landscape contractors business subject to the satisfactory completion of a S106 Agreement. The outline permission was granted on 9th March 2005.
Dobbies Garden World application (09/3109M), which they submitted last September, seeks to draw on the approved planning permission for the relocation of the original Matthews Garden Centre and transfer this consent to another site down the road.
So if as these minutes suggest, the extension for the original planning application is refused then surely this will have implications on Dobbies' planning application which is still pending.
Thanks to Rodney Hamer for bringing this report to my attention, it can be read in full here - http://bit.ly/bUCsNb.
The recommendation is for refusal, basically because the original permission was to safeguard a local business and local jobs. The business has re-located to other parts and is trading, therefore the reason for the original permission has gone.
I shall be at the Planning Meeting to support the recommendation for refusal. The permission, if granted, would encourage Dobbies to base their application on this renewed permission.
If, as I suspect and hope, it is refused then any application by Dobbies would be for Retail in the Green Belt which would be a difficult case to make. Dobbies had been hoping to claim that they were a party to the Matthews permission which had a modest Retail element included, and therefore it was a case of scale rather than principle.
Support for refusal would mean that even the modest retail element has now been removed and any new application would be that much more difficult to make.
Watch this space on Wednesday night - 27th!