Contracts or options with Kimberley Developments or Waitrose

P Jackson made this Freedom of Information request to Macclesfield Borough Council

The request was successful.

From: P Jackson

13 March 2008

Dear Sir or Madam,

Re Planning Application number 08/0315P.

It appears that the proposal to build a Foodstore under the above
application makes extensive use of the Civic Centre Car Park, an
asset belonging to Macclesfield Borough Council. Please provide the
following information in relation to The council's involvement in
this arrangement:

1. Can the Council confirm, under the Freedom Of Information Act,
whether there is any "contractual relationship between themselves
and Waitrose or Kimberley Developments plc. Such relationships may
include, but not be restricted to, option agreements, contracts for
sale or leases or any other arrangement under which the Council
will, or may, obtain a financial or other benefit.

2. If there is a Contractual Relationship can the Council provide
information upon:
a) How the opportunity was marketed?
b) How the Council have achieved "best value" under S123 of the
Local Government Finance Act?
c) What are the principle terms of any agreements between the
Council and Waitrose or Kimberley Developments?

Yours faithfully,

P Jackson

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From: Moss, Ann

13 March 2008

Annie Moss
Legal Services
Macclesfield Borough Council
Tel: 01625 504259
Fax: 01625 504268
Email: [1][email address] <mailto:[email address]>

Dear Sir/Madam

Thank you for your request under the Freedom of Information Act 2000. This
has been passed to the relevent Department to reply to you within 20
working days.

If you have any queries in the meantime, please do not hesitate to contact
me quoting ref FOI 497.

Kind regards

Annie Moss
Legal Services
Macclesfield Borough Council
Tel: 01625 504259
Fax: 01625 504268
Email: [2][email address] <mailto:[email address]>

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From: Pritchard Arthur

14 March 2008


Attachment Freedom of Information request Contracts or options with Kimberley Developments or Waitrose.txt
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<<Freedom of Information request - Contracts or options with Kimberley
Developments or Waitrose>>

Arthur Pritchard
Property & Assets Manager
Tel: 01625 504234
Fax: 01625 504268
e-mail: [1][email address]

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References

Visible links
1. mailto:[email address]
2. http://www.mimecast.com/

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From: P Jackson

19 March 2008

Dear Pritchard Arthur,

You have stated in your reply that there is no contractual
relationship between yourselves and Waitrose or Kimberley
Developments plc.

I would like to draw your attention to the following paragraph
(para 2.21) from the Design & Access Statement submitted as part of
this application:

"Realising the need in Poynton for a good supermarket within the
village centre, Kimberley Developments have been involved since
2003, in seeking to identify a suitable site. This has involved
discussions in that period with Macclesfield District Council
Planning Authority, property owners surrounding the proposed site,
the Parish Council and the Methodist Church"

As the developer is using Council land, there must be some sort of
agreement with the developer or Waitrose in securing this land. I
realise it may be subject to the parties gaining a successful
planning application. Therefore, my question is, what agreements,
verbal or otherwise are in place, or would be put in place.

In anticipation of your response, if you are contemplating saying
there are no agreements, would you explain why Macclesfield Borough
Council would allow Waitrose free use of the existing car park?

The application shows 27 parking spaces being created on land
behind 83 Park Lane, which is owned by MBC. again there must be
some sort of agreement or understanding, verbal or otherwise,
between yourselves and Waitrose or the developer to allow this work
to be carried out. Please provide details of any such arrangements.

yours sincerely,

P Jackson

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From: Pritchard Arthur

20 March 2008

Dear Sir/Madam,

Thank you for your e-mail of 19th March, although I am somewhat surprised
and disappointed by its tone.

In response, I have nothing to add to my earlier e-mail. There is no
contractual relationship between ourselves and Waitrose or Kimberley
Developments plc.

Your quotation from the Design & Access Statement refers to Macclesfield
District Council Planning Authority. Planning is a statutory function
undertaken by the Council and is quite distinct from its other
responsibilties, including that of a landowner. No mention is made of any
discussions with the Council's Property Department.

Normally speaking I would have expected either Waitrose or Kimberley
Developments plc to have contacted me to discuss their proposals in
advance of any planning application. However, they are not required to do
so. I assume that their intention is to secure a permission and then speak
to the Council about acquiring the necessary rights over the Council's
land. The Council would not in any circumstances allow any third party to
use its car park free of charge.

The last paragraph of your e-mail refers to 83 Park Lane. I agree that the
spaces do occupy Council owned land. Again, there is no agreement or
understanding, verbal or otherwise.

I hope this e-mail adequately addresses your concerns. If not, please
telephone me on the number provided to discuss further or to arrange a
meeting.

Yours sincerely,

Arthur Pritchard
Property & Assets Manager
Tel: 01625 504234
Fax: 01625 504268
e-mail: [1][email address]

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