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Vehicles, a skip and material being thrown out of a window signify something is happening to the old college building. Gladedale's QC denied the company had allowed the site to become derelict.

Archery Ground decision due

Any day now, the future of the Archery Ground in St Leonards will be decided – following the five-day public inquiry in early November, the decision is due to be given by 21 December. Nick Terdre describes some of the salient points which came out of the inquiry.

Having had its application refused by the planning committee in June, Gladedale suddenly found the resources to produce a 3D model of its high-density housing scheme which, despite requests from the council planning department, it had previously been unable to do.

It also came up with a detailed landscape plan which differed considerably from that submitted as part of its application. That sounds like the introduction of new material when the appeal should be considering the application as made to the planning department, but the junior barrister representing the council did not protest against the new plan.

Gladedale was also represented by a Queen’s Counsel, who called several witnesses to testify in support of the application. However he declined to cross-examine the expert witness called by Stag – Save The Archery Ground. This was local architect Stephen Gray, whose testimony will thus be considered in full and without qualification by the inspector, herself an experienced chartered architect.

Stag, which has led opposition to the proposed development, was able to make third-party representations at the inquiry as a so-called Rule 6 participant.

A major plank of Gladedale’s case was a claim that their architect had drawn up the scheme in consultation with the council’s planning officers, and had followed the council’s “aspirations to the letter,” according to their QC.

He quoted a document written in 2008 by the former head of planning stating the department’s desire for substantial blocks of flats in the north of the site and a ‘signature’ building on the West Hill Road/Quarry Hill junction.

The claim confirmed objectors’ suspicions that unelected planning officers had been so deeply involved in the scheme from the beginning that they were unable or unwilling to respond positively to later concerns from the public, beyond asking for minor, cosmetic changes to the appearance of some of the buildings. There was little surprise when officers recommended approval of the scheme at the planning committee in June.

Preserve or enhance?

The issue of whether a planning application in a conservation area is required to preserve and/or enhance the area came up at the enquiry, as it had at the planning committee meeting.

When the plans were being assessed, the council’s conservation officer had judged that the development would not enhance the conservation area. At the planning committee hearing, without any warning, the borough solicitor read out what was described as a ‘legal opinion’ stating that it did not need to – all it had to do was ‘preserve’ the former college art school which is a Grade II listed building.

This ‘legal opinion’ came from an anonymous barrister whose identity remains unknown despite requests under Freedom of Information legislation for his or her identity to be disclosed, along with a full copy of the legal opinion. The council rejected these requests claiming that disclosure was not in the public interest.
At the inquiry, the developer stuck to the same line, claiming it did not need to enhance the surrounding conservation area, but merely preserve the listed art school. Its QC attacked objectors who disagreed for being “wrong in law.”  The conservation officer was described as being “out of her comfort zone.”

However, it remains to be seen what value the inspector gives to a legal opinion from an unknown source supported by an unknown legal argument.

One source consulted by HOT said the question of whether preservation or enhancement was appropriate depended on the state of the conservation area – if it was in good condition, preservation would be sufficient, but if not, then enhancement should be required.

Derelict or not?

The state of the whole Archery Ground has, as local residents are well aware, deteriorated since Gladedale acquired it. Vandalism has been rife. Many of the windows of the college block are broken. HOT is told that when the inspector visited the site, smoke was still rising from the latest arson attack.

Nevertheless, Gladedale’s QC told the inquiry that claims that Gladedale had allowed the site to become derelict and dangerous were “deeply offensive, baseless and unpleasant.” He told the inspector his client had instituted a “24-hour security” system.

Informed sources are declining to call the outcome of the appeal. It was 50/50, one told HOT. But it is likely to have an effect in Town Hall when other contentious applications come up before the planning committee, another said – such as the application to develop the convent site in Magdalen Road. There are signs that this issue may be sent to the planning committee in January.

Stag declined to comment on the inquiry to HOT ahead of the appeal decision. However, its closing statement can be viewed on its website here.

 

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Posted 15:47 Sunday, Dec 16, 2012 In: Home Ground

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