Tesco / ASDA !!!

[Miss Marple]

That was not a dull and boring post Belly !  I found it very informative and gave insight into a very confusing procedure .

[Belly]

If it gets to a judicial review put your money on Asda. Judicial Reviews are about who can pay for the best legal team.

Who would you say that would be Stockport Council or Asda?

A JR can only be pursued by a party if they can demonstrate that the Council acted improperly whilst making their planning decision or did not follow set procedure. It is absolutely not about the rights and wrongs of the planning case. In any event, all a JR can do is quosh the original decision and effectively demand that the process be repeated correctly. A JR cannot reverse the decision in itself. All the Council would then need to do is simply repeat the process correctly and make the same decision again. 

Typically a JR would also be lodged post the original Council decision, not after an appeal - as you only have 6 months post the procedural error being known to lodge a JR. You can seek to JR an appeal, but its a fairly pointless process for the reasons set out above - an Inspector is not going to change his original decisions just because the JR proved that he got his paperwork slightly wrong!

IMHO JR would be a fairly pointless approach for a supermarket to follow in the case of the H.L. site anyway, as the Council has already nailed its colours to the mast re: its decision. The only way that a supermarket is going to win is via strength of argument at the planning appeal stage.

Sorry for a very dull and boring post....

[amazon]

Hello,


Amazon, we don't know what will happen-it is all speculation  but the ball is firmly in Asda's court and nothing at all will happen until Asda     submit a planning application.

There are numerous permutations here as far as  Hibbert Lane is concerned. In addition to this we can't ignore the Chadwick Street car-park and its influence on the Hibbert Lane site. If a buyer comes forward for Chadwick St site and its another supermarket (it might even be Asda themselves) then Asda's argument for the Hibbert Lane site is considerably weakened. It could even mean that Asda lose interest altogether in Hibbert Lane.

On the other hand if there is no interest in Chadwick Street and Asda chase their interest in Hibbert Lane then their planning application will probably be refused by SMBC. Next stage is appeal to Government Inspectors - if they lose,they could then choose to go for a judicial review and you know what they say about those .." I don't mind if my barrister doesn't know the law as long as he knows the judge".Even after that there are all kinds of appeals - its endless.


If it gets to a judicial review put your money on Asda. Judicial Reviews are about who can pay for the best legal team.

Who would you say that would be Stockport Council or Asda?


Thanks for that at least it makes me feel bit younger .

[finetimefontaine]

Hello,


Amazon, we don't know what will happen-it is all speculation  but the ball is firmly in Asda's court and nothing at all will happen until Asda     submit a planning application.

There are numerous permutations here as far as  Hibbert Lane is concerned. In addition to this we can't ignore the Chadwick Street car-park and its influence on the Hibbert Lane site. If a buyer comes forward for Chadwick St site and its another supermarket (it might even be Asda themselves) then Asda's argument for the Hibbert Lane site is considerably weakened. It could even mean that Asda lose interest altogether in Hibbert Lane.

On the other hand if there is no interest in Chadwick Street and Asda chase their interest in Hibbert Lane then their planning application will probably be refused by SMBC. Next stage is appeal to Government Inspectors - if they lose,they could then choose to go for a judicial review and you know what they say about those .." I don't mind if my barrister doesn't know the law as long as he knows the judge".Even after that there are all kinds of appeals - its endless.


If it gets to a judicial review put your money on Asda. Judicial Reviews are about who can pay for the best legal team.

Who would you say that would be Stockport Council or Asda?

[amazon]

If it happens (and it's a very big if!) it will be a few years away. My guess is 2016 at the earliest.

God may not see this happen then ,will be 74 and a bit .will the posters last that long .

[Dave]

If it happens (and it's a very big if!) it will be a few years away. My guess is 2016 at the earliest.

[sooty2]

The Service Director (Place Management) can report that Cheadle and Marple Sixth Form College have confirmed that they have entered into an agreement with Asda with a view of pursuing a proposal for the redevelopment of the Hibbert Lane campus for a supermarket. To date the Council has not received any further information in respect of the timing for the submission of either an application for pre-submission advice or the submission of a formal planning application.

[amazon]

Hello Harry,

We do now KNOW that it is Asda.

It has been confirmed by SMBC that CMSFC have entered into an agreement with Asda and this agreement should have been the subject of a "Chairs Announcement" at Area Committee last night. This is easy enough to check as the minutes are (when they've been typed up) a matter of public record and are available through all the usual information mediums.     

However, to date the Council has not received any further information in respect of the timing for the submission of either an application for pre-submission advice - or the submission of a formal planning application - but it is most certainly - Asda.

You are quite right there has been a lot of speculation over the whole issue, some of it extremely interesting and often it has been difficult to know what to believe. It is though worthy of mention that whilst some of this speculation has been imaginative some of it has turned out to be true.

So what happens now .how long will the submission take is there a set time .

[finetimefontaine]

Hello Harry,

We do now KNOW that it is Asda.

It has been confirmed by SMBC that CMSFC have entered into an agreement with Asda and this agreement should have been the subject of a "Chairs Announcement" at Area Committee last night. This is easy enough to check as the minutes are (when they've been typed up) a matter of public record and are available through all the usual information mediums.     

However, to date the Council has not received any further information in respect of the timing for the submission of either an application for pre-submission advice - or the submission of a formal planning application - but it is most certainly - Asda.

You are quite right there has been a lot of speculation over the whole issue, some of it extremely interesting and often it has been difficult to know what to believe. It is though worthy of mention that whilst some of this speculation has been imaginative some of it has turned out to be true.

[Harry]

Well at least we now know that it's ASDA it's just a waiting game for the consultation period  which we have been promised will happen !

Do we KNOW its ASDA?

I think I've only seen speculation and articles saying 'we believe'.

Is there any evidence to prove who is the front runner?

[Miss Marple]

Well at least we now know that it's ASDA it's just a waiting game for the consultation period  which we have been promised will happen !

[amazon]

A great idea for a new sports centre only problem is the council can't afford to pay £15M for the land on Hibbert Lane, never mind the cost of building and running a wet & dry sports centre. Or are you proposing that our Council Tax rise, I don't think you will get any councillor proposing that in their election manifesto.

It could be done or perhaps people don't want it done . There are sports clubs crying out for facilities in the area. . ...

[Miss Marple]

Hi Victor M do you know if the youth club on Hibbert Lane Campus is in use and the costs involved.  Also have you any information on the sports centre IE is it being used by the public, how can you get to use it and cost of use, times open to public.   I have tried getting information but I am not really getting anywhere.  Hope you can help 

[Victor M]

A great idea for a new sports centre only problem is the council can't afford to pay £15M for the land on Hibbert Lane, never mind the cost of building and running a wet & dry sports centre. Or are you proposing that our Council Tax rise, I don't think you will get any councillor proposing that in their election manifesto.

[amazon]

Noticed a couple of properties are for sale on Lyme Grove Marple and also one directly opposite the college on Hubert Lane.All these properties would be affected if a supermarket was to be built  on Hubert Lane.It is so sad that people are selling up the home they chose to buy before the college decided to sell without any thought to Marple residents

.

Scare mongering .Mrs o . Why don't you go and ask them why they are selling .

A good idea would be for the council to buy the land Turner it into a leisure centre new swimming baths out door floodlit tennis courts hockey pitches .sell the old baths to raise some money towards it .