Legal & Administrative Department

Town Hall Lord Street Southport PR8 1DA FIRST CLASS / EMAIL Emma Pocock Berwin Leighton Paisner LLP Adelaide House London Bridge London EC4R 9HA Date: Our Ref: Your Ref: 13 October 2008 PNC/AO

Please contact: Mr P N Cowley Contact Number: 0151 934 2250 Fax No: 0151 934 2277 e-mail:peter.cowley@legal.sefton.gov.uk

Dear Emma, RE: DESTINATION KIRKBY, INSPECTORATE REF: APP/V4305/V/08/1203375 I write on behalf of Sefton MBC, St.Helens Council, West Lancs DC and Lancashire County Council. We note that you are aware of our previous requests, to Knowsley MBC, for disclosure of the Financial Appraisal prepared by/on behalf of your clients (Tesco), in support of this application. We also note your response given by email dated 9th October 2008, to the KMBC and forwarded to us. We find your response both perverse and contrary to the smooth running of the forthcoming inquiry; it is therefore only right that we renew our request for disclosure of the document directly to Berwin Leighton Paisner. You state in your email of 9th October 2008 that your ‘financial case is contained in the DTZ report dated April 2008. The full financial appraisal referred to therein is commercially sensitive and was disclosed to KMBC on a confidential basis and only as part of ongoing commercial discussions… Sefton should rest assured that any financial information on which we intend to rely at the inquiry will of course be supplied as part of our evidence, submitted on the 28th October.’

cont/…………….

Minicom: 0151 934 4657 Caroline Elwood, LL.B. (Hons.) Dip.L.G., Solicitor Legal Director

-2To assist the inspector with those matters which the Secretary of State wishes to be specifically informed about (in particular matters a and b as set out in the Call-in letter), the issue of whether this is the minimum amount of development necessary should be fully tested and understood. Your Client’s financial appraisal is obviously a highly relevant material consideration. The financial appraisal has been disclosed to at least KMBC, DTZ and King Sturge (as referred to in their letter dated 28 th May 2008). The purpose of both the DTZ and King Sturge reports/letters was to evaluate the Financial Appraisal prepared by your client. In order that the Inquiry can test and give any weight to the assertions made within the DTZ report King Sturge letter or conclusions drawn by KMBC, it is necessary that the inquiry has sight of all documents referred to therein and the core document (the initial financial appraisal) upon which the reports are based; without sight of such, no weight can possibly be attached to the DTZ April document, the King Sturge letter 28th may 2008 or KMBC’s conclusions. We note the very short remaining time before the 28 th October, but In order to attempt to prepare full and proper evidence to comply with the Inquiry timetable as set out by the Inspector at the Pre-inquiry meeting, it is important that we have sight of the Financial Appraisal immediately. If (as suggested in your email of the 9th) the financial information is only disclosed as part of the evidence exchange on the 28th October, this will make the preparation of evidence and rebuttal evidence impossible within the required timeframes, and we will be forced to apply for a significant extension to the timetable, to allow for the preparation of such significant evidence. Further, without immediate sight of the relevant document(s), the preparation of statements of common ground (in accordance with the timetable set out) will be impossible. The essence and purpose of the Inspector’s rulings at the PIM will therefore be sadly defeated. In accordance with the Inquiries Procedure Rules 2000, we are entitled to know and have sight of all background documentation prior to the production of evidence itself (so that we may consider our case and prepare our evidence). Within your email of the 9th October, you state…‘rest assured that any financial information on which we intend to rely at the inquiry will of course be supplied as part of our evidence, submitted on the 28 th October…’. We are entitled to know upon what financial information and documentation you are relying, prior to the production of evidence itself. Without sight of such, it makes a mockery of the Inquiry process and fairness.
cont/…………….

Minicom: 0151 934 4657 Caroline Elwood, LL.B. (Hons.) Dip.L.G., Solicitor Legal Director

-3As a result of the above we request immediate disclosure of the ‘Financial Appraisal, prepared by Tesco’; and details of the relationship between KMBC and Tesco, EFC and Tesco, EFC and KMBC as well as any other relevant party. In the absence of the above request being complied with, we make it clear that this request will be repeated by way of formal application at the opening of the inquiry, with all of the unfortunate yet inevitable consequences in terms of delay to the inquiry. We make this request at this stage in an attempt to avoid any unnecessary delay to the inquiry. Please note that a copy of this correspondence has been copied to the Inspectorate and KMBC. Yours sincerely

LEGAL DIRECTOR -SEFTON MBC ON BEHALF OF SEFTON MBC, ST HELENS COUNCIL, WEST LANCS DC AND LANCASHIRE CC

Minicom: 0151 934 4657 Caroline Elwood, LL.B. (Hons.) Dip.L.G., Solicitor Legal Director