For those that attended yesterday, I hope you enjoyed what I
thought was a great piece of democracy. The planning committee did themselves
proud, they were challenging of all parties, enquiring of officers and worked
hard to find the right way forwards. For
them to stay that focused for seven hours was an achievement in itself, the
audience too were great and for those
that stayed until the end – great effort.
The result was, in some ways, a ratification of the decision
of 29th August – that is to say, they approved the Sainsbury store
with country park, to approve the business park and to refuse the Tesco on
Eastrea Road. However, unlike 29th
August, some essential but frustrating work was done at the end of the meeting to
make sure the decision was robust, making the final decision stronger and
eliminating the need for a follow-up meeting.
I thought I would do a bit of a “Frequently Asked Questions”
to try and provide clarty.
1.
Will any more decisions be made on this
locally? The answer to that is
no. One of the reasons the end of the
meeting dragged on a bit last night was that officers were rigorous and worked
with councillors to get strong decisions confirmed and ratified and to agree
the conditions for the application so they can send them off to the next stage
ASAP.
2. So what is the next stage? Because the decision is technically a departure
from policy, it will have to go to the Secretary of State for Local Government
for ratification. In reality it goes to
an organisation called the National Planning Casework Unit. At this stage, Harrier (the developers who
are behind the Tesco application) are likely to make a case to have the decision called-in. As soon as I have a reference for this case I
will publish the details so those that want to can make their own
representation.
3. Can Tesco appeal the decisions? If the NPCU agree the decision then Harrier could, technically, appeal the decision
to refuse the store along Eastrea Road – but there is no right of appeal for
decisions that were approved, so from what I can see they cannot put an appeal
to the planning inspectorate against Sainsbury and the country park approvals.
Personally, I think an appeal is unlikely because the evidence against two
approved Supermarkets on Eastrea Road is strong.
4. So what about the Tesco store that is
approved on Station Road? This is
the complex bit. Technically there is
still an approval on Station Road for a supermarket – which Tesco are
contracted to occupy. However, the
committee were also aware of the report by Roger Tym and Partners (RTP) which
said that any supermarket approval on Eastrea Road would make the Station Road
site unviable. Harrier submitted a
legal statement to the committee yesterday, and whilst it challenged certain
aspects of the RTP report, the most telling aspect of it, to me, was that it did
not once challenge the basic premise about the unviability of the Station Road
store. There can only be one conclusion
from that – the Station Road site is not
viable if Sainsbury deliver. So now Tesco
have a choice – to carry on with an agreement that means a 25 year commitment to
an unviable store, or find a way out of the agreement (which is always an option
with any contract). If they are going to
build, they better get on with it because the planning permission runs out
soon.
5. When will we get our supermarket and
country park? This is the ten million dollar
question, and one I can’t answer. There is still the possibility/likelihood of a
legal challenge to the decision and that could take a long, long time if it
happens. My personal plea to Tesco would
be to recognise where there reputation is at the moment.
Even if Tesco think they might
win a court case, is it the right thing to do?
Nationally there is a growing anti-Tesco feeling and across Fenland
there is growing frustration about the planning permissions they have which are
not being built. In Whittlesey some of the tactics used have done nothing but
huge reputational harm; even yesterday, they caused annoyance through yet
another last minute S106 offer and by manipulating the rules around public
speaking to get an extra speaker; last time they also fly-posted around Whittlesey.
I think it’s time for Tesco to do some
thinking.
Nationally, Whittlesey is pretty
small beer – maybe it is the right place and the right time to try a different
approach – to make a public statement to say that the public have spoken and
they have listened.
In finishing this blog, I want to
reflect on the previous paragraph.
I genuinely
hope that what we have seen locally from Tesco is not a reflection of them as a
National organisation – if it is, they are heading to a problem.
If they are looking at Whittlesey and are genuinely
interested in learning lessons that would help them elsewhere I would love to
have a serious chat about what a public relations disaster this has been – and could
continue to be.