Developers appeal on the ASF Garage site rejected

posted 26 Mar 2015, 04:42 by dartmouth park   [ updated 26 Mar 2015, 04:52 ]

Great decision by the Inspector as it leaves little scope for the developers to return with a modified scheme.  Oh, sorry, the appeal has been overwhelmingly rejected.  Provides huge support for the Conservation Area's efforts to protect this historic green corridor.  In the key area of disagreement between ourselves and the original decision of the planners, where we (but not the Planning Officers) said that, in addition to the adverse impact on the Conservation Area, the proposal would have an adverse impact on the setting of the many listed buildings and the 31 Act Squares, the Inspector agreed with us.  Most important she completely accepted the historic building line argument.  She used this with considerable grace to bring Denyer House into the protected streetscape.  Implicitly but unquestionably puts the decision of the Council to locate its proposed 6th Form Centre in the green corridor (when it could have located it elsewhere on the site) to shame and confirms there is a strong possibility of a Judicial Review challenge against that decision but that is for another time when we have basked in this decision.  Interestingly, she accepted that what was proposed did less than substantial harm (see the Government's NPPF) to the Conservation Area (and the listed buildings setting) but only because she had no evidence before her that the harm which would be done would impact beyond the immediate area.  That she didn't was an unfortunate artefact of the so-called 'informal' hearing procedure which meant we didn't get to see the papers until the day of the hearing and didn't have the opportunity to put in our own Proof.  Anyway, great decision, enjoy.   Click on the image for the full decision.


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dartmouth park,
26 Mar 2015, 04:42