By Andrew Topping, Local Democracy Reporter
Mansfield District Council could ask the Government’s planning inspectorate to decide whether it should allow a Warsop footpath to be closed off.
The footpath, behind Burns Lane and Church Street, needs to be closed so the new development at the former Strand Cinema can take shape.
If the development did go ahead, it would see the demolition of the vacant former cinema so it can be turned into a new retail park.
The plans, put forward by the ARBA Group in 2019, were approved in October of the same year but no progress has been made.
This is because the plans hinge on the footpath being legally closed off so demolition and construction work can begin.
However, a long-standing objection from a nearby business has meant no agreement on whether to close off the footpath could be made.
Council planning documents say The Plough Inn pub, on Church Street, has objected to the loss of the path as it would stop access to its delivery yard.
There would be no other means of access, the objection adds, which could result in the closure of the pub.
However, in response to the objection, The ARBA Group has told the council access would still be provided to the pub and its planned closure of the path would not impact the business.
It adds that, once the development is complete, a “secure, lit, compliant route” will be created in its place via the retail park.
In planning documents, the applicant said: “The closure enables the development of a consented scheme.
“When complete, [this] will then provide a secure, lit, compliant route between Church Street and Burns Lane via the car park.
“The scheme will provide parking and allow pedestrians to safely leave the scheme exiting onto Church Street and the existing pelican crossing.
“In our view, the closure enabling the scheme to be developed will provide a considerably improved landscape between Burns Lane and Church Street.
“The development of the site will produce a much-enhanced environment with safer routes around the town and much better connectivity.”
But the council says it cannot determine whether the footpath should be closed off due to the pub’s objection still standing.
Unless the objection is dropped, the council says the development cannot legally come forwards.
It means the authority is likely to refer the application to the Government’s planning inspectorate and ask inspectors to decide the fate of the footpath.
Members of the authority’s planning committee will discuss the move on Monday, December 19.
In a report, the council said: “Given the outstanding objection … the committee cannot confirm the closure of the footpath at this time.
“Therefore, it must be referred to the planning inspectorate for determination, unless the objection is withdrawn.”
If the inspectorate decides to close the footpath and views the objection as “unreasonable”, the pub could be ordered to pay costs to ARBA Group.
When it first revealed the plans, the applicant said five retail units and office space will be created on the derelict former cinema.
And it said the plans would “generate opportunities” for the wider area.
Andrew Allen, ARBA’s development director, said at the time: “This site has been derelict for some time.
“It’s clear that local people want to see something done with it that benefits the local community.”
ARBA has also recently brought forward the Domino’s, Tim Hortons and Taco Bell restaurants on Mansfield’s former bus station site.