Sunday, 27 May 2012

Tesco at Little Lever - Dossier - Point No 2


Point No 2

The Application Form – Errors and Omissions

The Applicant is Ladson’s – NOT Tesco. (This is an important point in later arguments)

The developer has throughout the Application documents sought to minimize the scale of what is proposed. (Opinion)


Size of development:-

The Application form merely states the Net Retail Area of the proposed store as 1,728 sq metres. They have not stated the Gross internal floor area which is 2,880 sq metres.

Had they downloaded the 1APP document for filling in by hand they would have been specifically asked to state the Gross figure (see Appendix).  On the online 1APP, if you don’t fill the Gross figure in, it doesn’t appear on the form.

Number of employees:-

The Application form states the No of employees at this development as Nil

Opening Hours:-

The Application form states that Sunday opening hours would be from 10.00am to 6.00pm. This is in contravention of the Sunday Trading Laws which state that shops over 280 sq metres are restricted to 6 hrs opening. It may well be that the intention is to open for six hours within the period 10.am – 6.00pm to give them some flexibility – I feel however that this should be stated.

Certificate of ownership:-

The submitted Certificate B only includes Mr & Mrs Seddon as owners of the Site and Bolton Council Estates as owners of the Tree Plot and Crossley St.

However I pointed out to Mr Allen the existence of a Charge against the Site in the name of Mr Wayne Seddon and the fact that half of Crossley St was owned by Bolton at Home.

Mr Allen wrote to the Agents pointing this out and they duly issued the additional appropriate notices on 2nd February. The Application form has not been modified.

Conclusion:-

These are only technical points but the Committee may wish to take a view on whether they make the Application invalid – or not.

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