PLANS for a retailer to bring between 40 and 50 jobs to York could be scuppered...by three oak trees.

Planning officers have recommended councillors reject a scheme for a huge new store on open land next door to the former Ikon and Diva nightclub at Clifton Moor because it was "likely to damage" three oaks.

The trees, all of which have preservation orders, stand close to land where the building and car park was proposed.

Councillors will decide the fate of the scheme on Thursday.

Applicant Sheffield-based landowner Henry Boot Development has already received outline planning permission and detailed discussions have taken place with a mystery retailer.

But the three trees could now end the vision of a 2,500sq ft chain store, which would take five months to build, on the acre plot off Stirling Road.

Even when Henry Boot amended its plans to take into account the perceived threat to the trees, council officials still argued the building was "eight metres too close to the large oak tree".

A source close to Henry Boot told the Evening Press: "I'm no tree expert, but it would be a shame and draconian to throw the baby out with the bathwater given that there are porous materials like Grasscrete which can be used to ensure the trees get moisture.

"I believe that Henry Boot is now in discussions with the city council to find a solution."

Planning officials did not object to the scheme, after it met conditions that it would not be used for the sale of food, drink, clothing, footwear, books, sports wear or other goods that could rival city centre businesses.

Meanwhile, Henry Boot, which has developed 70 acres - most of Clifton Moor retail park - over the past 20 years, has refused to confirm the identity of the mystery retailer.

Updated: 10:44 Friday, April 22, 2005