Fenland District Council has clarified the owners of the Horsefair Shopping Centre in Wisbech can demolish the car park without getting formal planning permission.
The owners NewRiver Retail are planning to demolish the multi-storey car park under the legal term “Permitted Development Rights”.
This means it does not require planning permission to go ahead.
Local councillors have shared concerns about the plans but have been advised they have no power to intervene.
Residents say the car park provides suitable disabled parking for visitors to the town, is useful for those using the nearby bus station and is used by visitors to North Cambs Hospital.
Cllr Dee Laws, Fenland District Council’s Portfolio Holder for Planning, said: “Demolition of this type of building is permitted in planning law, so the council only has limited powers available when considering this matter.
“We can only consider how the building will be demolished and the proposed restoration of the site afterwards to ensure the local amenity is not adversely affected.
“We are in discussions with the owners, NewRiver Retail, to ascertain their future plans for the site.
“Any future redevelopment will be subject to the usual planning application process.”
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Earlier this month NewRiver Retail notified Fenland planners of its plans to demolish the car park under “Permitted Development Rights”.
This exists in planning legislation for certain demolition works outside of a conservation area.
The council has also explained a “prior approval” phase is now underway and it can only consider the detail of the demolition plans rather than whether it should be granted approval for the demolition at all.
It says the purpose of prior approval is to give Local Planning Authorities the opportunity to regulate the details of demolition, in order to minimise the impact of that activity on local amenity.
The council cannot prevent or oppose the demolition, it clarified.
Prior approval applications are delegated to a Local Planning Authority’s Head of Planning to consider, rather than being determined by councillors sitting on a Planning Committee.
Any future redevelopment of the site would be considered under a separate planning application.
At this time, council says concrete plans for redevelopment of the Horsefair Car Park site are unknown.
NewRiver Retail’s application on the planning portal mentioned a food store.
Fenland council added that until the owner shares these plans or submits a planning application, no view on what may come next can be taken by the council or local councillors.
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