Despite the support of English Heritage, Bath's proposed Dyson Academy looks set to be refused LBC and planning consent on Wednesday. Both the uncompromising stance of the Environment Agency and a spirited defence of the newly-listed Newark Works by the council's planners seem certain to save the city from a Wilkinson Eyre eyesore that had strong support elsewhere within the Council.
Much of the Officer's Report is given over to criticism of English Heritage.
"Your Officers thus regrettably find themselves in the unusual
position of having to advise members that in this instance only very
limited weight should be given to the advice and recommendations
received from English Heritage. If Members are minded to support the
scheme, this should be on the basis of their own assessment of the
Listed building merits of the proposals, and NOT on the basis of the
flawed approach adopted by English Heritage."
While on the flood risk,
It is your Officers’ firm view that the requirements of PPS25 have not
been met, and that the Sequential Test fails to support the development of
this (part) Flood Zone 3a site for a “More Vulnerable” educational
development. Quite astonishingly, the Applicant’s Agents attempt to argue
that PPS25 is incorrectly worded, and that this LPA should unilaterally apply a
more flexible interpretation of the Government’s policy. Members are advised
that that is simply not an option, and that any misdirection of that sort would
almost inevitably lead to legal challenge from the public against any decisions
made.
Full report:
http://tinyurl.com/2wddm5 (PDF, 1.8MB)
Much of the Officer's Report is given over to criticism of English Heritage.
"Your Officers thus regrettably find themselves in the unusual
position of having to advise members that in this instance only very
limited weight should be given to the advice and recommendations
received from English Heritage. If Members are minded to support the
scheme, this should be on the basis of their own assessment of the
Listed building merits of the proposals, and NOT on the basis of the
flawed approach adopted by English Heritage."
While on the flood risk,
It is your Officers’ firm view that the requirements of PPS25 have not
been met, and that the Sequential Test fails to support the development of
this (part) Flood Zone 3a site for a “More Vulnerable” educational
development. Quite astonishingly, the Applicant’s Agents attempt to argue
that PPS25 is incorrectly worded, and that this LPA should unilaterally apply a
more flexible interpretation of the Government’s policy. Members are advised
that that is simply not an option, and that any misdirection of that sort would
almost inevitably lead to legal challenge from the public against any decisions
made.
Full report:
http://tinyurl.com/2wddm5 (PDF, 1.8MB)