G'day all,
Stephen Kelly from the CCC has responded to our legal push with some
reasonable news. The full email is below but the headline is that : "the
works to construct the train wash building require the Prior Approval of
the LPA" (LPA = the CCC as the Local Planning Authority). This is quite a
victory, but it is definitely something we can push NetworkRail on.
The media team is currently just checking with Stephen Kelly if it is okay
to publish this - we assume it is - and if so expect a blog post and tweets
later this week. Please don't publicise this further yet - we will let you
know.
Note that is just the *building*, not necessarily the machinery inside it,
which is a concern. Note also that indicates some qualifications to what
can be done.
We have passed this onto our solicitors, who are conferring with
our barrister as to possible next steps. Hopefully we will hear back soon
and we can all meet online to discuss it.
The letter follows.
Until anon, Sean
--
Dear Sean,
Thank you for your email. I am sorry for the delay in my reply. The Council
have now had a response from Network Rail and have had an opportunity to
consider that response further. I have accordingly emailed Network Rail
today to advise them that in the opinion of the LPA, the works to construct
the train wash building require the Prior Approval of the LPA by virtue of
Class A of Part 18 of Schedule 2 of the Town and Country Planning General
Permitted Development Order.
There are nevertheless qualifications to Prior Approval under this part of
permitted development and prior approval is not to be refused by the
appropriate authority nor are conditions to be imposed unless they are
satisfied that—
(a) the development … ought to be and could reasonably be carried out
elsewhere on the land; or
(b) the design or external appearance of any building … would injure the
amenity of the neighbourhood and is reasonably capable of modification to
avoid such injury.
I will update you further once I have received a response from Network
Rail. In the event of an application for prior approval, I will also seek
to notify you and your group of the receipt of such an application.
Yours sincerely
*Stephen Kelly* | Joint Director of Planning and Economic Development
