THE TESCO/EVERTONPUBLIC INQUIRY
Ms Yvonne Parker,Telephone 0151 443 4209The Programme Officer,c/o Municipal Buildings, Mobile: 0781 3334305Cherryfield DriveKirkby,L32 1TX email: programme.officer@ntlworld.com
---------------------------------------------------------------------------------------------------------------------------------Emma PocockBerwin Leighton Paisner LLPAdelaide HouseLondon BridgeLondon EC4R 9HA16 October 2008-10-16Dear Emma
DESTINATION KIRKBY - PINS REFERENCE: APP/V4305/V/08/1203375
The Inspector has seen the correspondence between BLP and Sefton MBC concerning evidenceon the financial viability of the proposal for mixed use development, including new footballstadium, convenience and comparison retail, residential and leisure uses, at Kirkby town centreand land to the south of Cherryfield Drive, Kirkby.The Inspector notes from the applicant’s case in support of the planning application (applicationDocument 28), para 4.3, that the applicant accepts that a “key principle that underpins thedevelopment proposal is that the stadium, ----- cannot be secured without the enabling retaildevelopment that is proposed as part of the overall initiative. In essence without the retail therecan be no stadium, and ------- without the stadium the amount of retailing proposed would be lesssupportable by the Council for policy reasons.” Clearly in view of the weight placed by both theapplicant and the Council on the need for the scale of enabling development proposed, this is amatter on which the Inspector will require detailed evidence in order to advise the SoS and tohelp inform the SoS’s decision. Without detailed supporting evidence it will be difficult for theInspector to provide such advice and to determine what weight should be placed on the need for the scale of retail development proposed in this regard.The Rule 6 parties challenge the contention by the applicant that the scale of the retaildevelopment is necessary to deliver the new football stadium and the regenerative benefitsclaimed in the scheme. For the assertion by the applicant to be properly tested, the Inspector considers it essential for the parties to co-operate in producing the evidence required to supportthe arguments on both sides. Any areas of agreement in respect of base data should beidentified in advance of the start of the Inquiry, and the main areas of disagreement highlightedfor examination. The Inspector is most concerned that the applicant does not intend to releaseevidence to the Rule 6 parties in relation to this issue prior to the date for exchange of proofs.She considers that such a failure to disclose material in advance of that date could prevent the
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