Legal setback for Chester Odeon extension plan

May 21 2008 by David Norbury, Chester Chronicle

A THREE storey extension to Chester's grade ll listed art deco Odeon cinema building may not be able to be built even if plans are approved.

The city's planning board was due to hear on Wednesday (May 21) the service yard at the rear of the former cinema on which the extension is proposed is thought to be a legal access to the rear of properties on Hunter Street, King Street and Northgate Street.

But councillors decided the application, which had been recommended for approval, should be deferred to enable further consideration of the implications.

“If members do not feel comfortable with the report, they may defer the issue,” suggested principal planning officer Steve Lewis.

“I was going to ask for a deferral,” said city centre Cllr Gwyn Cooper (Lab, City & St Anne's).

This was agreed on a unanimous 12-0 vote.

Developers Hunter Street Ltd are seeking approval to demolish part of the end of the building to make way for a new ticket office, foyer and staircase.

The county engineer objects on the grounds car parking would be lost, the possible right of access would be blocked and the scheme would be detrimental to the Northgate Development.

For the developers, agents Donald Insall Associates have told the city council: “Our client points out there is no right of way over the Odeon's land.”

The county engineer accepts the issue and pedestrian access are not planning matters.

Recommending refusal he claims the extension would effectively do away with car parking belonging to neighbouring properties and understands a pedestrian route via the rear of the Odeon on to Northgate Street has benefited from uninterrupted use for more than 20 years.

“On this basis it may be considered to have become a public right of way,” he suggests.

The developer would have to apply to stop up the route.

Planning officers have had a total of 22 objections.

A senior planning officer, Nial Casselden, says in the report: “Issues relating to rights of access are not a material planning consideration.

“This issue is a separate legal matter between two landowners.

“In the event of a grant of planning permission, the developer would have to obtain the agreement of all interested parties before being able to develop the land".

He adds: “Such a person with a right of access over the land could therefore effectively prevent the development from taking place until such a time as agreement could be reached, if at all.”

Recommending the application should be approved, Mr Casselden believed the extension would be a high quality, contemporary addition to the building.

He accepted that in future, servicing would have to take place from the road but does not believe this would have an unacceptable effect on highway safety.

The board was due to consider the application at the request of Cllr Sandra Rudd (Lab, College).