We conclude from our review that the ‘very special circumstances’ cited as being satisfactory to allow development of Green Belt are not valid for the following reasons:
• The ‘very special circumstance’ postulated by the Applicant is the Bath Transport Package. As the Bath Transport Package is also being promoted by the same Applicant, the ‘very special circumstance’ has effectively been created by the Applicant for the purpose of obtaining an approval to develop Green Belt.
• It is clear from the full report that an important part of the overall BTP is a park and ride to the east of Bath and consequently the ‘very special circumstances’ relate to a park and ride to the east of Bath, not the actual Mill Lane site.
• The ‘very special circumstance’ i.e. development of the Bath Transport Package as a whole, is faltering with specific regard to the Western Riverside element of the Bus Rapid Transit proposal. Given that the report states that the Batheaston Park and Ride application is wholly dependent on the ‘very special circumstances’ created by the Bath Transport Package, this application must be conditional on the approval and commencement of all other elements of the Package. No such Condition is proposed in the pre-Planning Committee briefing paper.
• To cite ‘very special circumstances’ the benefits of the development must clearly outweigh the identified harm. Note the specific emphasis on ‘clearly outweigh’; subjective conjecture is not sufficient. With respect to this Application, it has not been shown that the benefits of this element of the package clearly outweigh the harm, irrespective of whether the development is considered in isolation or as part of the wider Bath Transport Package. The intended benefits of the Bath Transport Package are listed on page 33 of the report. Of the seven benefits stated, the applicant has demonstrated that this element of the Package only contributes to one; ‘increasing park and ride capacity across the city’. This is not a benefit that outweighs harm. Note that existing Park and Ride sites across the city are regularly not fully utilised.
It is not merely arguable that this development is an inappropriate development of Green Belt. It is absolutely clear from the facts presented (and summarised above) that the development is inappropriately placed. The report also flags many other issues on which planning policies are not met, and fails to deal with many other objections raised and seeks to override all of these with the flawed conclusion that the Application should proceed because of its part in the BTP.
The Planning Committee is duly reminded of its responsibility to undertake its duties with due care and diligence and its accountability for decisions reached. Approving this scheme on the basis of the recommendation provided in the pre-Committee Meeting briefing paper would be a dereliction of duty.
You are viewing the text version of this site.
To view the full version please install the Adobe Flash Player and ensure your web browser has JavaScript enabled.
Need help? check the requirements page.