Ice cream kiosk plan for Granny's Bay at Fairhaven to be scrapped

Two months on from the new structure proposed by Fylde Council being approved by the council’s planning committee, the plan has been the subject of a judicial review, which found an aspect of it apparently breached national planning policy.

Fylde Council has confirmed that, as a result, a report will go before its Executive Committee next week “recommending that the project be discontinued, and the planning application withdrawn”.

The council said in a statement: “The local planning authority’s decision to grant planning permission for the development of a kiosk at Granny’s Bay has been the subject of judicial review proceedings by a local resident, who argued that aspects of the council’s interpretation of planning policy were incorrect.

"The council has agreed to the court quashing the planning permission on the grounds that one of the elements of the assessment of planning policy was inaccurate.

“In recent weeks, the council has been considering formal tenders submitted for the Granny’s Bay development which have come in over budget.

"It is clear the project does not provide the rate of commercial return originally forecast, making it economically unviable.

"The council has a duty to consider best value that is always assessed when the final cost for a project is known.

"In this case, the construction costs had increased significantly from the approved budget for the scheme. A report will therefore be considered by the Executive Committee on May 23 recommending the project be discontinued, and the planning application withdrawn.”

The permission for the hybrid-kiosk, considerably larger than the existing one, was given in March, subject to a total of 18 conditions including no live music and it was expected work would start on it this month.

The application included the demolition of the existing ice cream kiosk and erection of a new structure on the opposite site of the car park entrance.

It replaced an earlier, also controversial, proposal for a replacement kiosk there which was given the green light and £360,000 funding approved by the council in 2021. but several months later, the council said building costs were too high and it wouldn’t continue in its current concept.

The revised application, incorporating a covered 25-seat terrace and unveiled in autumn 2023, gave no costings. The council said it would review costs when tenders were received.

After the revised application was validated by Fylde Council, a formal objection was lodged by Lytham St Annes Civic Society, who have opposed the proposals since they were first mooted.

A Civic Society spokesperson said: “This land has never been built upon and was granted to the council as public recreational open space.

"In proposing this café, the council were also going against their own environmental policies in the Local Plan. Responsible organisations such as the National Trust make great efforts to prevent this sort of development, especially in such sensitive wildlife areas as this.

“If planning consent could so easily be granted for Granny’s Bay, it puts Lytham Green and the rest of our unique coast at considerable risk, perhaps more than ever before. We are working together to protect our greatest assets - open space and freedom to roam. Our coastline is not a development site.”