Despite having been approved by the Strategic Planning Committee in August, plans for a water sports and outdoor activity centre at a former quarry are scheduled to be considered for the third time next week - and they are being recommended for refusal.
In July the Strategic Planning Committee voted to reject Cheshire Lakes' proposal for a cable wakeboard park, low ropes course, open water swimming, paddle sports, café, watersports shop, showers and changing facilities at the former Mere Farm sand quarry in Chelford.
Members refused the application in line with officer's recommendation because they felt it would have a detrimental impact on biodiversity at the site and in particular on the birdlife as a result of the network of wires associated with the wakeboarding infrastructure.
However, due to an administrative error the application was considered without the applicant or supporters of the proposal being given the opportunity to speak. As a result the decision notice from the Strategic Planning Board meeting on July 27th was not issued and the application was reconsidered at their meeting on August 24th - where members overturned their earlier decision and approved the plans.
Cheshire Lakes were intending to have the site fully operational in Spring 2017, creating 30 jobs, with a new site entrance and parking for 100 vehicles.
However, their plans for a watersports centre on the North and South Lakes of the former Mere Farm Quarry have been called back to the Strategic Planning Committee again amid fears that the Council has not fully considered their duties in relation to the wild bird habitat as set out in Regulation 9A of The Conservation of Habitats and Species (Amendment) Regulations 2012.
A spokesman for Cheshire East Council said: “Since the application was resolved to be approved at the previous meeting of the Strategic Planning Board, a further matter has been brought to the council’s attention and the planning board has been advised to give the application further consideration.”
Hence the planning application will be discussed by the Committee for the third time on Wednesday, 16th November, and is being recommended for refusal on the grounds that "the proposed development is likely to result in a significant loss of biodiversity".
The planning officer's report, prepared for next week's meeting, states "As part of the application process, the Council's ecologist was a consultee and provided detailed comments and advice, and worked with the applicant to secure the best scenario for the site and for the protection of wild birds in the event that the application be approved contrary to the advice given.
"However, it was made clear through comments made in light of the mitigation proposed, that notwithstanding this, the Local Planning Authority could not comply with the duties set out above and that biodiversity and in particular wild birds would be adversely affected as a result of the proposals."
Tim Woodhead, Managing Director of Cheshire Lakes, said "We are disappointed that the Council is proposing to present the application to Members again on the basis of a further procedural error made by the Authority.
"It has been suggested that the previous Committee Report contained a minor error, in that a single paragraph reference was missing. This omission in no way influenced the Committee's consideration of the application, and Members resolved in August to approve the scheme on the basis of its varied and far-reaching benefits.
"We will be making legal submissions to the Council in relation to the way in which it is proposed the application be reconsidered by Members, given that we disagree with the approach proposed.
"However, if the application is presented to Members in full next Wednesday, there is no reason, whatsoever, for Members to come to a different conclusion to that which it reached in August. We remain focussed on the site being open for trade in Summer 2017, and are disappointed that this matter is distracting attention from us delivering this fantastic scheme".
The plans can be viewed on the Cheshire East Council website by searching for planning reference 16/1353M.
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