The Point refused in dramatic 11 to 2 vote as councillors reject officers’ recommendation

Plans for one of the biggest proposed developments in Formby for many years have been refused after councillors voted overwhelmingly against the scheme, despite Sefton Council planning officers recommending approval.

Sefton Council’s Planning Committee considered application DC/2024/02165 for The Point, a major development proposed on land north of Formby Industrial Estate alongside the A565 Formby Bypass, at its meeting at Bootle Town Hall on Wednesday 16 September.

Following a lengthy discussion, councillors voted 11 to 2 in favour of refusing the application.

The decision is particularly significant because the application had gone before the committee with a recommendation from Sefton Council’s professional planning officers that permission should be granted, subject to conditions and a Section 106 legal agreement.

What happened at the meeting?

During the debate, councillors discussed concerns surrounding the scale and location of the proposed retail development, its potential effect on Formby Village and issues relating to the sustainability and accessibility of the site.

Highway and access matters also featured in the discussion.

During the meeting, Cllr Chris Page raised concerns about the development and its potential impact on Formby centre. When asked by a planning officer to clarify his concerns relating to highways, including whether they related to highway safety or public transport, Cllr Page referred to the proposed development having one principal access point.

The discussion subsequently focused on two broad areas of concern: the sustainability of the site and amount of retail development proposed, and highway and access matters.

A motion was then put before the committee to refuse the application. Councillors voted 11 in favour of refusal and two against.

Sefton Council has not yet published its formal decision notice, so the precise planning reasons adopted by the Council for refusing the application are still awaited.

What was planned for The Point?

The Point would have transformed approximately 12.6 hectares of land to the north of Formby Industrial Estate on the eastern side of the A565.

The hybrid planning application sought full permission for major infrastructure works including a new signal controlled junction from the Formby Bypass, footways and cycle paths, an estate road, internal roundabout, drainage and flood attenuation infrastructure.

It also sought full permission for two major food stores, identified in the planning documents as Lidl and M&S, together with a drive through unit.

Outline permission was sought for at least 7.58 hectares of employment development, another drive through shop or restaurant and a community medical centre.

The developers estimated that the completed scheme could support more than 1,000 full and part time jobs, with the majority associated with employment uses including manufacturing, light industry, research and development, offices, storage and distribution.

At least three quarters of the site was intended for employment uses.

Why was retail development proposed on employment land?

The site has an important designation within Sefton’s Local Plan as a Strategic Employment Location.

A key issue throughout consideration of the application was therefore why significant retail development was being proposed on land allocated principally for employment.

The developer’s case was that the retail elements were needed to help fund the substantial infrastructure required to unlock the wider employment development.

This included the cost of constructing the new signal controlled junction on the A565 and providing roads, drainage and essential utilities across the site.

Viability information submitted as part of the application was accepted by planning officers as demonstrating that the additional uses were necessary to cross subsidise the employment development.

Opponents of the scheme questioned whether strategically important employment land should depend upon substantial retail development to make the wider scheme viable.

Concerns about Formby Village

The possible impact on Formby Village was one of the most controversial aspects of The Point.

Sefton Council commissioned independent retail consultants Lambert Smith Hampton to assess the potential impact.

The assessment presented to the Planning Committee estimated that Formby District Centre could experience a 15.9 per cent reduction in total retail turnover.

It also calculated a potential 25.6 per cent cumulative impact on convenience food turnover when the consented Sainsbury’s Local development was taken into consideration, together with a 2.6 per cent impact on comparison or non food turnover.

A major factor was the proposed relocation of M&S from its existing store at The Cloisters to the new development.

Despite those figures, the retail consultants and planning officers concluded that the impact would not reach the planning threshold of a significant adverse impact that would justify refusing the development on those grounds.

Councillors ultimately reached a different decision on the overall application.

Formby Civic Society opposed the plans

Formby Civic Society was among those objecting to The Point.

The Society raised concerns about the potential impact of substantial out of centre retail development on Formby Village and questioned the use of strategically allocated employment land.

Its position was not an objection to appropriate employment development taking place on the site.

Instead, its concerns centred on the nature of the proposed scheme, the amount of retail development being used to support it and the possible long term consequences for the existing Village centre.

Other objections to the proposals had also been lodged during the planning process, including representations from existing retailers and Formby Parish Council.

Highways and sustainability

Transport and accessibility were another important element of the planning debate.

The development proposed a new signal controlled junction directly from the A565 Formby Bypass.

Sefton Council’s own Highways Manager had raised concerns about the sustainability of the location, including accessibility, the absence of a bus service and the lack of a road connection into the existing industrial estate.

Planning officers nevertheless recommended approval, noting among other considerations that the Local Plan allocation envisaged access from the bypass.

These issues again featured during Wednesday evening’s committee discussion.

What happens next?

Wednesday’s vote does not necessarily mean the end of The Point.

The next important development will be publication of Sefton Council’s formal decision notice.

That document will set out the precise planning reasons supporting the committee’s decision to refuse permission.

Those reasons are especially important because councillors decided not to follow their planning officers’ recommendation.

Once the decision notice has been issued, the applicant will have several options.

The developers could accept the decision and reconsider the future of the site.

They could amend the scheme and submit a new planning application designed to overcome the Council’s objections.

Or they could appeal against Sefton Council’s refusal, which could result in the application being considered through the Planning Inspectorate.

If an appeal is made, the precise planning grounds on which councillors refused permission and the evidence supporting those grounds are likely to become particularly important.

A major decision for Formby

The Point represented a substantial proposed investment in Formby, promising new employment space, Lidl and M&S stores, drive through units, a community medical centre and potentially more than 1,000 jobs.

At the same time, the application generated significant debate about the future of Formby Village, the amount of retail development outside the existing centre, the use of strategically allocated employment land and the sustainability and accessibility of the site.

Planning officers considered the balance of those issues justified granting permission.

On Wednesday night, the majority of councillors disagreed. The final vote was 11 to 2 in favour of refusing The Point.

Sefton Council’s formal written reasons for refusal have not yet been published.

Formby Bubble will continue to monitor application DC/2024/02165 and will publish the Council’s full reasons for refusal as soon as the formal decision notice is released, together with any response or appeal from the developers.

Information regarding Formby Civic Society’s objection and its account of the planning process was provided to Formby Bubble by Dave Irving, Amenity Secretary of Formby Civic Society.