SUPERMARKET chain Iceland could be set to open a new food store at Chester Retail Park.

The store would potentially replace the units occupied by Sports Direct and Outfit once their leases have expired, according to a planning application.

The Chester Retail Park owners have had an application approved by Cheshire West and Chester Council for a Lawful Development Certificate, which confirms that units 5b and 6 can be used for the sale of food.

It states in the application that the site owners wanted to 'ensure the unit can be let to a food retailer, such as Iceland, upon the lease expiry of the present tenants'.

The original planning permission granted for 'a non food retail park' back in 1993 included a condition that 10-15,000 square foot could be used for a food store, and as a result Aldi moved in to what was previously known as unit 5.

In 1999, an application was approved to remove the condition but this only applied specifically to unit 5 so a second application was successfully submitted in 2005 to cover the entire retail park, removing the requirement for a food store across the whole site.

In its report responding to the application, Cheshire West and Chester Council says the use of both units to include the sale of food would therefore be 'contrary to the description of development in the original planning permission'.

However, the owners of the retail park have provided evidence in the form of a council officer's report back in 2005 which states the removal of the food store requirement condition does not prevent the use of the premises as a food store, but would allow the owners the 'flexibility' to consider any type of A1 use.

In the planning application, submitted on behalf of Chester Retail Park, it states: "Having regard to the planning history detailed above it is therefore considered that the use of units 5b and 6 for either food or non food retailing is lawful and fully compliant with the relevant planning permissions granted at the premises.

"The units subject of this application have been in A1 retail use since permission was granted for the Retail Park, and have historically sold both non food and food goods.

"Indeed this is the case across the Retail Park, which has continued to trade successfully and attract a range of operators over the past 25 years.

"This Certificate is therefore submitted on this basis to provide clarification on the point and ensure the unit can be let to a food retailer such as Iceland, upon the lease expiry of the present tenants."

No representations were made by the public and there were no comments received by the ward councillors.

On granting approval, Cheshire West and Chester Council stated: "On the basis of the evidence submitted, the council is satisfied on the balance of probabilities that the unrestricted A1 use of units 5b and 6 is lawful (i.e. including the sale of food), and therefore a Lawful Development Certificate can be issued."