Councillor says waterpark decision cannot be revisited

One of the members of the Strategic Planning Committee is challenging the Council's decision to revisit the planning application for a water sports and outdoor activity centre at the former Mere Farm sand quarry in Chelford.

Members of the Strategic Planning Committee voted to reject Cheshire Lakes' planning application at their meeting on Wednesday, 27th July, however due to an administrative error the scheme is to be reconsidered next month.

Sean Hannaby, Director of Planning & Sustainable Development, wrote to members of the Strategic Planning Committee to inform them "An email was sent out to him (Mr Tim Woodhead, the applicant for the Cheshire Lakes scheme) and his agent in error informing them that the application was to be deferred from yesterday's planning committee meeting. As a result they understandably did not attend and as a result were not there to speak on the item, which was refused.

"Therefore, as they were deprived of the opportunity to address the committee in person, in the interests of fairness, the decision notice will not be issued and this application will be referred back to the next meeting of the Strategic Planning Board on the 24th August where they will have an opportunity to address members before the application is re-determined."

Councillor Barry Burkhill, Leader of the Independent Group and ward councillor for Handforth, disagrees and feels the decision cannot be revisited.

He told wilmslow.co.uk " Whether the officers have sent off the decision notice or not is not relevant to what has occurred. There is an appeal system if the applicant cannot accept the lawful decision of the committee or he can put in another amended application but we cannot revisit the same application as a committee. That decision has been made and cannot be undone otherwise we would have chaos in the planning system and not only in CEC."

Councillor Barry Burkhill has written to Sean Hannaby, Director of Planning & Sustainable Development, saying "I believe you are likely to find that no matter what the unfortunate circumstances are concerning the attendance of the applicant, a lawful and definite decision was taken by the committee which cannot be changed.

"It might be embarrassing for the officers but the proper legal process of determining the application was followed whether the applicant was there or not. There may or may not be some legal pathway that the applicant can follow to have the result quashed but that is not a matter for this Council. We have played our part and due process has been followed. Whatever happens next is a matter for the applicant and not for us.

"We cannot revisit a decision, otherwise anyone could come along and say that they did not have chance to speak to us, which would cause the whole system to grind to a halt."