Welsh Assembly's Decision on Broughton Retail Park Extension

This report is intended to provide you with the facts and analysis of the facts upon which the Minister has taken the following decision. This decision report does not include information which can be properly withheld under the exemptions set out in the National Assembly's Code of Practice on Public Access to Information.

Mae’r adroddiad hwn yn nodi’r ffeithiau a’r dadansoddiad ffeithiol a ddefnyddiwyd fel sail ar gyfer penderfyniad y Gweinidog. Nid yw’r adroddiad yn cynnwys gwybodaeth y caniateir ei dal yn ôl o dan yr eithriadau a nodir yng Nghod Ymarfer y Cynulliad Cenedlaethol ar Ganiatáu i’r Cyhoedd Weld Gwybodaeth.

Subject / Pwnc:

Application for call in of planning application for Broughton retail park, Broughton, Chester.

Summary of decision / Crynodeb o’r penderfyniad:

Not to call-in the application for determination

Date of decision / Dyddiad y penderfyniad:

7^th June 2006

Statement of information / Datganiad gwybodaeth:

OUTLINE – EXTENSION TO EXISTING SHOPPING PARK INCLUDING 15,859m² (170,000FT²) OF NEW RETAIL FLOORSPACE, PLUS 2,500m² (27,000ft²) OF MEZZANINE, ADDITIONAL AND RECONFIGURED CAR PARKING, ON AND OFF-SITE HIGHWAY IMPROVEMENTS, ENHANCED BUS, CYCLIST AND PEDESTRIAN PROVISION, LANDSCAPE AND ECOLOGICAL IMPROVEMENTS

BROUGHTON RETAIL PARK, BROUGHTON, CHESTER

The Assembly Government has the power under Section 77 of the Town and Country Planning Act 1990 to call in an application for planning permission for its own determination.

The Assembly Government considers that development proposals are generally best determined locally by planning authorities that know their area, its needs and sensitivities. The Assembly does not interfere with local planning authorities’ jurisdiction unless it is necessary to do so. Very few planning applications are called-in. Those applications that are called-in are generally considered to be those which raise issues of more than local importance, issues which could include, for example, those that:

· are in conflict with national planning policies;

· could have wide effects beyond their immediate locality;

Perhaps a missed opportunity in hindsight. An extra million cars a year could be described a "wide effect" for Chester Rd, Penyffordd.

· may give rise to substantial controversy beyond the immediate locality;

· are likely significantly to affect sites of scientific, nature conservation or historic interest or areas of landscape importance;

· raise issues of national security; or

· raise novel planning issues.

On 12^th May 2006 Flintshire County Council referred the above application to the National Assembly under the provisions of the Town and Country Planning (Shopping Development) (England and Wales) (No 2) Direction 1993 and the Town and Country (Development Plans and Consultation) Directions 1992.

The National Assembly has also received a call in request from Cheshire County Council and a local resident. Mark Isherwood AM has shown an interest in the case. The main concerns are

· The application does not meet the tests for retail development set out in Planning Policy Wales especially with reference to meeting the sequential test. (Effects on Chester City Centre)

· Effects on wildlife (particularly the Great Crested Newt)

The application proposes an extension to the existing Broughton Retail Park (BRP) in the form of a new retail development with associated infrastructure. It is an outline application with details of siting and means of access included and matters of design, external appearance and landscaping reserved for subsequent approval.

The present Shopping park complex comprises 19 No retail units, a pub/restaurant, a fast food outlet and a petrol station totalling 31,150m2 in commercial floor space served by approximately 2000 car parking spaces. The application is to extend the site by adding an extension to he existing Tesco food store, the construction of a new Marks and Spencer store, and an additional retail parade amounting in total to an extra 18,627m2 of retail floor space over an area which is part parking and part landscaping buffer to the south and west of the Woolworth’s store. In addition to the new shops the proposal includes an extra 502 car parking spaces and various local highway improvements with a scheme of landscaping and nature conservation benefits.

The application is accompanied by an Environmental Statement and is subject to Environmental Impact Assessment (EIA).

The application was originally submitted in June 2004, to co-inside with the withdrawal of earlier applications for the retail expansion, which also includes the upgrading of the A55 interchange. This aspect is now the subject of a separate application (ref. 40534).

The upgrading of the junction is covered by a separate planning application it is now an integral part of the development proposal and, if Committee is minded to grant planning permission to ensure that one aspect of the development will not take place without the other.

The responses to consultations are based on the proposal to extend the retail park without upgrading of the A55 junction. As the material change in the proposal ( the junction improvements) are the subject if a separate planing application no re-consultation has been undertaken on this application, but consultation responses on the application for the junction upgrades, particularly those from the various Highways Authorities/Agencies, clearly have a bearing on the proposed development as it now stands.

Development Plan

Clwyd Structure Plan – first alteration

Alyn and Deeside Local Plan (adopted 2003)

Flintshire Unitary Development Plan (deposit draft)

Planning Policy

Planning Policy Wales – March 2002

Technical Advice Note for (Retailing and Town Centres 1996)

Ministerial Interim Planning Policy Statement – Retailing and Town Centre 2005