Long Awaited Handforth Dean Appeal Decision Arrives

Long Awaited Handforth Dean Appeal Decision Arrives

Teams from Kings Chambers have been successful as a split result has come in on retail applications by CPG Development Projects Ltd and Orbit Investments (Properties) Ltd Called In by Secretary of State.

Orbit received the green light whilst the CPG retail park was refused.

Following a lengthy Public Inquiry spanning dates in the first half of 2018 and an Inspector’s Report received in February 2019 the Secretary of State has now decided the outcome of ambitious retail proposals for Handforth Dean which all agreed is a strong location.

The decisions of Cheshire East Council were ultimately reversed.

The Secretary of State has followed the reasoning of his Inspector David Rose BA (Hons) MRTPI in accepting the case from Orbit that the proposals for five units of non-food Class A1 and two units of Class A1/A3 or A5 were acceptable and in accordance with the development plan as a whole.  The decision accepted the case from Orbit that the proposals were acceptable in terms of the sequential test and retail impact and that the land was not viable for future employment use.  The evidence for Orbit included detailed evidence from Neil Goldsmith, a Senior Director of Lichfields.

The case for the loss of the employment land made by CPG was accepted on the grounds of viability but the retail case was not.  Notwithstanding proposed mitigation the decision concluded that the impact on the town centres of Stockport and Macclesfield was not acceptable in terms of the retail park proposals led by 23,076 m2 of Class A1 retail.  A modest extension of 2,320 m2 was permitted.

The decisions of the Secretary of State and his Inspector can be found here: 

Orbit

CPG

 

Paul Tucker QC and Gary Grant of Kings Chambers appeared for Orbit

Martin Carter and Constanze Bell of Kings Chambers appeared for Stockport MBC

Giles Cannock QC of Kings Chambers appeared for Peel Holdings (r6)

The full list of appearances can be found in the decisions.

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