News / Development
Threat of judicial review if planning permission granted for controversial development
A last-minute legal challenge and threat of a judicial review has been made to a development which would include south Bristol’s tallest building.
The controversial plans due to be rubber-stamped on Wednesday are for 434 flats and 400 student beds in four blocks including a 23-storey tower on a site south of Princess Street between Victoria Park and the New Cut.
The planning application was approved earlier in March after councillors were told they would lose an appeal, costing city taxpayers £1m.
Councillors on Bristol City Council’s planning committee A have now received a letter from a lawyer in London paid for after campaigners crowdfunded for his services.
Planning specialist Simon Bell from Cornerstone Barristers in London writes that his clients “remain concerned that the Committee is being asked to determine the application in circumstances where key matters have not been satisfactorily resolved, and where there is a real risk that any decision to grant permission would be vulnerable to challenge by way of judicial review”.
Bell gave a number of reasons for this including acknowledged heritage harm, additional healthcare demand, and a lack of section 106 and key conditions agreements including affordable housing delivery.
Bell said that there is a “legitimate concern as to whether the development, as approved, would in fact deliver the employment and commercial benefits relied upon in the planning balance”.
The lawyer also reminded planning committee members that appeal risk and potential cost “are not material planning considerations and must not displace the exercise of planning judgement on the merits”.
The concerns raised according to Bell “gives rise to a potential ground for judicial review should a grant of permission be issued”.
He said: “Given the importance of this proposed development and the adverse impact it would have on the local area, my clients are prepared to bring such a claim if needs be.
“Should such a claim be successful, then they will seek to recover their costs from the Local Planning Authority.”
Bristol City Council have been approached for comment.
Main image: Liz Lake Associates
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