Officers say the council would lose any appeal and risk legal costs
Councillors look set to be on a collision course with their own planning officers over a plan to construct what would be the tallest building ever built in South Bristol.
The plan is to build a 23-storey block of student flats as part of a bigger project that also includes 434 flats on what is now part of an industrial estate in Bedminster, but that was blocked by councillors back in January.
Members of the council’s planning committee voted not to give planning permission to the scheme put forward by developers Galliard Apsley, despite the council’s planning officers recommending it be given approval.
It wasn’t refused at the meeting in late January. The rules at City Hall mean councillors have to send the officers away to come up with reasons to refuse it at the next meeting.
That meeting is taking place next week on March 11, and ahead of that, those officers tasked with coming up with reasons to refuse the scheme have returned with a fresh report.
The report proposes the wording of a statement refusing to give planning permission for the scheme, but officers have told councillors that the reasons they give won’t stand up on appeal.
That means even if the plans are refused next week, the developer could appeal to the Government’s Planning Inspectors and overturn that decision – and the council’s own planning officers don’t believe the council would win that legal battle, and councillors have been warned that the council may have to pay the costs of that appeal.
Back in January, councillors said they wanted to refuse the plan for two reasons. The first was that building so many flats on the site, with such tall buildings, would represent an ‘over-intensive development’.
The second was that the proposal would ’cause harm to views of heritage assets’. The buildings would be built on what is now an industrial estate on Princess Street, next to the railway line in Bedminster, near Victoria Park.
The 25-page report, which doesn’t have an author’s name revealed, outlines council planning officers’ views that the developers would win on appeal, because the reasons to refuse the scheme are not strong enough.
“It is considered that this reason for refusal would not be defendable at appeal,” the officers’ report said.
“It would potentially put the council at risk of behaviour that would be considered unreasonable in the terms of the Planning Practice Guidance, which would expose the Local Planning Authority to a significant risk of a substantive award of costs against the council,” it added.
The officers’ report tells councillors that they don’t believe the council could refuse the plan because the location at Princess Street is too far from bus stops, nor that the buildings will be too tall – pointing out that the council’s own masterplan for the regeneration of the area around Whitehouse Street says the area should be developed with a high density of buildings.
“Officers strongly advise against refusing on either over-intensive development or harm to the setting of heritage assets,” the officers’ report said. “In line with the presumption in favour of sustainable development, officers continue to recommend that permission is granted.”
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