Forum Message

Topic: Re:Re:Bring Back Pissaro's
Posted by: Adam Beamish
Date/Time: 22/12/15 09:02:00

The problem in terms of the current application seeking prior approval to demolish the building is that the Council can only determine that application having regard to two considerations, namely the proposed method of demolition and any subsequent remediation of the land.

Such an application isn't a planning application so the Council can't have any regard to the merits of the building remaining, potential alternative uses etc.

Even the nomination for the building/site to be designated an Asset of Community Value is entirely irrelevant - were the building/site a former public house (Use Class A4) rather than a restaurant (Use Class A3) then under the recently amended national legislation full planning permission would be required.

The situation is thus exactly the same as with the Packhorse & Talbot, effectively the Council has no powers to refuse the application to demolish (as long as it is satisfied that the proposed method of demolition and any subsequent remediation is satisfactory) unless it designates the area a Conservation Area overnight.

The timing is largely irrelevant because, for the reasons I've explained, unless a member of Joe Public happens to be an expert in demolition and spots some flaw in the proposed method of demolition (which is highly unlikely as no doubt the applicant has got relevant expertise on board) then their comments cannot have any bearing on the outcome of the prior approval application to demolish.

I'm not going to pretend otherwise, it's a power I've used on behalf of developers in the past, because it can be a useful/effective tool. 

Entire Thread
TopicDate PostedPosted By
Bring Back Pissaro's22/12/15 00:39:00 Frank Noon
   Re:Bring Back Pissaro's22/12/15 00:41:00 Claire Moran
   Re:Bring Back Pissaro's22/12/15 06:28:00 Adrian Irving
      Re:Re:Bring Back Pissaro's22/12/15 06:43:00 Julian Pavey
         Re:Re:Re:Bring Back Pissaro's22/12/15 09:37:00 Adrian Irving
   Re:Bring Back Pissaro's22/12/15 07:15:00 Gordon McDonald
      Re:Re:Bring Back Pissaro's22/12/15 09:02:00 Adam Beamish
      Re:Re:Bring Back Pissaro's22/12/15 09:48:00 Jacqueline Whiston
         Re:Re:Re:Bring Back Pissaro's22/12/15 09:49:00 Adam Beamish
            Re:Re:Re:Re:Bring Back Pissaro's22/12/15 10:07:00 Ken Munn
               Re:Re:Re:Re:Re:Bring Back Pissaro's22/12/15 10:45:00 Carl Wynne
         Re:Re:Re:Bring Back Pissaro's22/12/15 13:27:00 Adrian Irving
            Re:Re:Re:Re:Bring Back Pissaro's22/12/15 13:35:00 Adrian Irving
               Re:Re:Re:Re:Re:Bring Back Pissaro's22/12/15 13:57:00 Julian Pavey
                  Re:Re:Re:Re:Re:Re:Bring Back Pissaro's27/12/15 16:37:00 Anita Blake
   Re:Bring Back Pissaro's24/02/16 13:37:00 Adrian Irving
      Re:Re:Bring Back Pissaro's24/02/16 14:00:00 Jonathan Bingham
         Re:Re:Re:Bring Back Pissaro's24/02/16 14:31:00 Adrian Irving
            Re:Re:Re:Re:Bring Back Pissaro's24/02/16 14:42:00 Ken Munn
               Re:Re:Re:Re:Re:Bring Back Pissaro's24/02/16 14:57:00 Jonathan Bingham
               Re:Re:Re:Re:Re:Bring Back Pissaro's24/02/16 15:05:00 Kevin Tanner

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