Saturday, 12 December 2009

Broadmead German Market: Planning Department turning blind eye to Council’s rule breaking?

Throughout the new Bristol City FC stadium planning process and especially where the proposed new supermarket at Ashton Gate is concerned, Bristol City Council has gone to great pains to claim that as a planning authority their work and decisions are entirely independent from their own political, personal or corporate agenda. They even describe the city's planning process as "quasi-judicial".

So it is instructional to see how they apply this independent, "quasi-judicial process" to themselves. A Parliamentary note placed in the House of Commons library on 9 December 2008 (and updated April 2009) sets out their obligations clearly:

“The general principle underlying the 1992 regulations is that local planning authorities must make planning applications in the same way as any other person, and must apply for planning permission. Except in special circumstances, they must follow the same procedures as would apply to applications made by anyone else.” - SN/SC/1195 available here (pdf)

Meanwhile on the council's website:

“BCC is taking a pragmatic approach in terms of planning permission. Taking into account DCLG guidance, BCC will not request planning permission for ‘temporary’ uses for up to 28 days. All ‘temporary’ changes of use of more than 28 days will need planning permission.”
Application Guidance Notes: Empty Shops and Promotion Initiative (pdf)

So how have Bristol City Council, as the local planning authority, interpreted these clear rules in relation to their own 'temporary' German Christmas Market in Broadmead? Advertising for the event says it runs from 12 November to 20 December (38 days), which means that the council is obliged to obtain planning permission for the market.

If you have a look at the council's planning website, the market is indeed listed on there, although surprisingly it is still 'pending consideration'. In other words Bristol City Council has not obtained planning permission for its own temporary structure, despite it being in place for over 28 days now.

So will the council, as the "quasi-judicial" planning authority be taking enforcement action against itself "in the same way as any other person"?

Tuesday, 8 December 2009

Should the Council swap Hengrove Park for Ashton Gate?

The story so far…..

Bristol City FC would like a new stadium and would like to build it at Ashton Vale. The City Council, by and large, would like them to have that new stadium, especially as this may offer the opportunity for Bristol to be a host city for the World Cup if England is selected as the host for the 2018 tournament (which, we are told, will bring untold wealth to the city). However, Bristol City FC have said that the only way that they can fund their new stadium is by selling their existing stadium at Ashton Gate for somewhere in the region of £20m.

In the current economic climate it appears that the only way to raise £20m for Ashton Gate is by getting planning permission for a new supermarket on the site. Therein lies the rub, because existing planning policy and independent surveys all point to there being no need for a new supermarket in South West Bristol or even any major expansion of existing convenience retail in that part of the city.

A previous proposal for a Tesco at Ashton Gate was withdrawn when it became clear that planners were going to recommend refusal – hence the new plan to relocate Sainsburys. However any relocation involving a significantly expanded store would come up against similar planning objections as the previous application, whilst a store of the same size could potentially fail the sequential test (because its existing site already meets the need) and would not appear to make commercial good sense for Sainsburys (why spend £20m on a site plus another £20m building a new store just to end up with what you’ve already had before?)

The Core Strategy of the Bristol Development Framework published last week, does however highlight a potential need for additional retail in South Central/ South East Bristol. A site for a new centre, to be underpinned by retail, has been vaguely identified for somewhere near the focus of South Bristol’s regeneration at Hengrove Park.

Policy BCS1 of the Core Strategy includes; “…A new centre, either on a new site or at an enhanced existing centre, may be appropriate in South Bristol, acting as a new focus for the area and helping to improve provision of shops, services, employment and community facilities”.

The exact details and location for this new centre will be guided by the results of a South Bristol Retail and Centres Study which is in the process of being completed. However, the second worst kept secret in South Bristol is that Computershare will not be moving from their Bedminster Down offices to a new 19,000m2 office and warehouse development at Hengrove Park. This, perhaps, opens up an opportunity for a new centre on the site at Hengrove Park intended for Computershare – a new centre which could include some form of convenience retail as part of a more sustainable retail-led development incorporating District Heat and Power and linked to the other public buildings proposed for the area (the community hospital, the Healthplex, and the Skillscentre).

With Morrisons at Hartcliffe, Asda in Whitchurch, and Tesco at Brislington and Imperial Park, this leaves Sainsbury’s as the only one of the Big Four retailers unrepresented in the eastern half of South Bristol and thus they could well be interested in an opportunity to move into the area. However the land involved is owned by Bristol City Council not Bristol City FC, and Sainsburys are in discussions about new retail opportunities with Bristol City FC not Bristol City Council.

Let’s revisit the original problem.

Bristol City FC own land at Ashton Gate which they want to sell to a retailer to build a supermarket, but Ashton Gate is located where a supermarket is not needed. Bristol City Council doesn’t want retail at Ashton Gate but do want retail (which will almost certainly include a supermarket) at Hengrove Park. They also want Bristol City FC to have their stadium because they feel it will benefit the city as a whole. But for Bristol City FC to get their stadium they need to sell land to a retailer and the only land they have is at Ashton Gate and we are back where we started.

I have already mentioned the second worst kept secret in South Bristol, now it is time to introduce the first. Bristol City FC and their development partners are (allegedly) in negotiations with the South West Regional Development Agency to swap the piece of land at Ashton Vale now known as “Southlands” for land owned by the SWRDA, almost certainly on the site originally identified for an Arena near Temple Meads. If the “land swap” is successful the SWRDA will seek to build an Arena at “Southlands”, whilst BCFC and their partners will be able to acquire residential planning permission for their newly acquired land at Temple Meads and sell it on to a developer to raise funds towards the new stadium (replacing the funds that they had originally anticipated coming from housing permission for “Southlands”).

What I am suggesting is that Bristol City Council and Bristol City FC pick up the phone and discuss whether a similar land swap involving potential retail land at Hengrove Park being exchanged for potential residential land at Ashton Gate is viable and offers the best consideration for Bristol City Council taxpayers and a better solution for Bristol City Football Club then squaring the circle of building a superstore where it isn't needed.

There may well be perfectly obvious showstopping reasons why my suggestion is completely absurd, but if there is even a chance that it could form a basis for a solution to the problem…….

Just one phone call…….is it too much to ask?

Friday, 16 October 2009

Land Disposal will be Cabinet Decision

Over on the Bristol Blogger web-site, in reference to the disposal of council-owned land at Ashton Gate, Cllr Gary Hopkins has stated that "Any decisions on this sort of issue will be taken in open cabinet and this has already been confirmed in writing"

I suspect he may be referring, in part, to an email sent by Cllr Barbara Janke to myself and copied to the rest of the cabinet members (including Cllr Hopkins of course) which included the following statement of mine, and agreed with by Cllr Janke;

" if, as a result of the entirely separate planning process regarding the proposal for a food store at Ashton Gate, there arises the need to consider the future of the council-owned land included in that development, that the decision on this land will be taken at Cabinet level and will not be delegated down to officer level"

The email above followed on from a discussion that Cllr Janke and myself had following an event hosted by the Bristol Civic Society on Thursday 8th October.

That conversation itself followed on from the full council meeting of 15th September, where Cllr Simon Cook, in response to a question from a member of the public, provided a written statement that;

"BCFC have been in discussion with BCC officers around the possible acquisition of the freehold of land owned by BCC. These discussions are on-going and a report will be taken to Cabinet when negotiations are complete and the planning applications determined. This is likely to be in the next few months."

In that same meeting, in response to my own question;
"Has a valuation been placed upon this land by Bristol City Council in the event of it being sold for redevelopment?"

Cllr Cook provided the following written response;
"No value has been placed on this land at present as this is dependent upon any successful planning application for a change of use"

So, to summarise, BCFC have been in negotiations with BCC about acquiring the freehold of the council-owned land, but the value of the land is dependent upon any successful planning application. In addition, the decision regarding any potential land disposal will not be delegated down to officer level, but will be taken in open cabinet, sometime in the next few months but after planning permission has been determined.

If anybody thinks that I have misrepresented the statements of Cllrs Janke, Cook and Hopkins, please feel free to let me know by adding a comment below. I am also emailing the councillors concerned so that they can correct any errors on my part.

Friday, 2 October 2009

More Questions than Answers

Questions put forward for Wednesday's (1st October) Cabinet Meeting of Bristol City Council:



Question for the Executive Member with responsibility for land disposals (Cllr Simon Cook)

In response to my question to full council on the 15th September detailed below;

"Q4 Does Bristol City Council intend to consult directly with local residents regarding the future use of this land prior to the 5th November when planning application 09/03208/P is scheduled to be determined?" You replied;

"A4 It is not intended to hold a public consultation on the future of this land. There has been considerable discussion and consultation over the development as a whole where individuals have had many opportunities to express their views."


My question for cabinet is as follows;

Does the executive member not accept that until the publication of the responses to public questions for the full council meeting of the 15th September, there had been no official announcement or acknowledgement by the City Council that it was, in fact, the owner of a significant portion of the land which planning application 09/03208/P refers to, and does he not further accept that individuals may have responded differently to consultations or offered alternative viewpoints in discussions regarding the proposed development if they were aware that a vital and necessary portion of the land was and is in public ownership as opposed to being in the private ownership of the developers themselves?

If the executive member believes that there has been an official announcement or acknowledgement by the City Council of its ownership of this land, could he detail the methods used to make this information public knowledge?






The answer I received at the cabinet meeting was;


Planning applications are frequently made for sites where the applicant for planning consent is not the owner. The ownership of the site is not a determining factor in relation to the planning process, and the fact that an applicant does not own the site would not be something that would prevent the Local Planning Authority from making a decision about the application. Equally if representations were made about the applicant's lack of ownership to the LPA, this would not be something that it would have to take into account in deciding whether or not to grant consent. The applicant is responsible for obtaining the necessary legal interests to let it implement the consent.


As a consequence of this there was no requirement or need for the Council to make any form of announcement or disclosure of its ownership of part of the existing car park - although the ownership is a matter of public record at the Land Registry where full details of the Council's ownership can be found by searching the public register.




So in effect, in response to my questions about whether the Council has adequately consulted with local residents on the future of council owned land at Ashton Gate the answer is;

1) We don't need to,

2) and anyway, the details of public ownership 'were on display in the bottom of a locked filing cabinet, stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard" ' and if you, as a private individual, are not prepared to take the time to perform a Land Registry search for every single planning application on the off-chance that public land might be involved, I fail to see why you should expect us, elected public representatives of the local authority responsible for protecting the interests of local residents, to make that easier for you by actually telling you when public land is involved.

3) as to whether Cllr Cook does or does not accept that people might have responded differently to the "many opportunities to express their views" if they were aware of the public ownership of the land - we still don't know because he chose not to answer that question.

Thursday, 17 September 2009

Supplementary Questions: The Lord Mayor’s Cut




FAMOUS QUOTATIONS
"We believe local people know what is best for their needs and that better decisions will be taken with better services as a result."
Cllr Barbara Janke, Leader of Bristol City Council, 8th September 2009


“It is not intended to hold a public consultation on the future of this land”
Cllr Simon Cook, Deputy Leader, 15th September 2009

“You don’t know what you’re doing!”
Football fans everywhere and Bristolians especially


Below, once again, are my questions for the full council meeting of the 15th September. As the next full council meeting is not until the 10th November, AFTER the planning application is scheduled to be determined, I have now included the written answers that were provided, and the supplementary questions I would have asked of Cllr S Cook (who replaced Cllr J Rogers due to matters of individual portfolio responsibility), if I had been allowed to do so. I have emailed both Cllrs Cook and Rogers with a copy of this blog post, and they are welcome, in the spirit of openness and transparency, to respond to my supplementary questions. I am quite happy for either to respond –as the decision to proceed with any land sale will be the collective responsibility of the cabinet.



PQ4 MR T DYER TO ASK COUNCILLOR S COOK, DEPUTY LEADER AND CABINET MEMBER FOR CULTURE, SPORT, AND CAPITAL PROJECTS

PROPOSED ASHTON GATE DEVELOPMENT

In the planning application 09/03208/P for a food store at Ashton Gate, Bristol City Council are identified as holding the freehold title of part of the land proposed to be redeveloped; namely the car park between the stadium itself and Winterstoke Road - without this Council owned land the proposed retail development would appear to be unviable.


Q1 Can you confirm that this land is currently in council ownership?

A1 The council does own the car park as identified. It is let to BCFC on a 125 year lease whch commenced in 1985.

S1 Can you confirm that this lease restricts BCFC’s use of the land to car and coach parking only?



Q2 Has a valuation been placed upon this land by Bristol City Council in the event of it being sold for redevelopment?

A2 No valuation has been placed on this land at present as this is dependent upon any successful planning application for a change of use.

S2a You appear to be suggesting that Bristol City Council can only place a valuation on land when it has been the object of a successful planning application – can you clarify this, as it appears to call in to question, for example, the statement made by your colleague Cllr Hopkins to cabinet on the 30 July 2009 that the disposal of some 9.3 hectares of surplus allotment land would raise approximately £6 million despite a lack of any successful planning applications for the land concerned?

S2b If the perceived suggestion is incorrect, what is the current valuation of the land?




Q3 Will the valuation of the site be significantly greater with planning permission for a supermarket than for alternative uses, (e.g. housing and leisure)?

A3 Actual valuations will be dependent upon the particular design solutions, however, it would be anticipated that a planning approval for a supermarket would be at the higher end of any valuations.

S3 Given that the applicants have, in their planning application, described the proposals for Ashton Gate as “enabling development” whereby a development that may offer significant “disbenefits” is approved because it will provide greater “benefits” by enabling the development of another asset or piece of land, and given that this type of development is reliant upon the financial outputs from the enabling development being robust, does not the vagueness of the member’s responses regarding financial valuations, coupled with the admittance elsewhere that the value of the public land will not be calculated until AFTER any successful planning permission has been achieved, completely undermine any ability of the relevant Development Control Committee to determine whether the application will achieve this stated role as enabling development?



Q4 Does Bristol City Council intend to consult directly with local residents regarding the future use of this land prior to the 5th November when planning application 09/03208/P is scheduled to be determined?

A4 It is not intended to hold a public consultation on the future of this land. There has been considerable discussion and consultation over the development as a whole where individuals have had many opportunities to express their views.

S4 Does the executive member not accept that until the publication of the agenda for this meeting, there had been no official announcement or acknowledgement by the City Council that it was, in fact, the owner of a significant portion of the land which the planning application concerned refers to, and does he not further accept that individuals may have responded differently to consultations or offered alternative viewpoints in discussions regarding the proposed development if they were aware that a vital and necessary portion of the land was and is in public ownership as opposed to being in the private ownership of the developers themselves?





Wednesday, 16 September 2009

NORTH STREET: THE FILM

New film to be shown at BERATE public meeting, St.Francis Church, North Street, 7.30pm.

Bedminster based documentary film maker, Lucy Swingler, has produced a new film that documents the campaign to prevent the building of a Tesco Extra superstore at Ashton Gate Stadium. During the 10 minute film, local residents and shop keepers in North Street, South Bristol, describe the history of the street, their shops and the area, and explain why its such a great community to be part of. They also explain why they don't want the new superstore at the stadium site and what they would like to see there instead.

Lucy, who has worked on a range of historical and factual programmes* says that she was motivated to create the film after talking to shop keepers about their worries over the store. "I use the North Street shops a lot, so I wanted to show the real fear that some have that a store will put their livelihoods at risk and jeopardise the regeneration thats taken place here. I also wanted to capture the central role that North Street now plays in the community."

The film will be shown publicly for the first time at the meeting arranged for tomorrow night at St.Francis's Church on North Street (7.30pm). Local politicians, councillors and members of the city's planning committee, as well as a representative from Bristol City Football Club and local community groups have been invited to come along to discuss the proposed store and see the film.

Chris Uttley, speaking for the campaign said "We hope the film will be viewed as part of our submission to the planning application. Hopefully it demonstrates to the council and others the human face behind the damage that we believe the store will do to our community and why we value what we have now a great deal"


The film is now available to watch or download on YouTube at: http://www.youtube.com/watch?v=TyVG3hb-Dpk

The meeting is being held at St.Francis Church on North Street at 7.30pm.
BERATE
Bedminster Residents Against Tesco's Expansion into Ashton Gate
http://www.berate.co.uk/

Saturday, 12 September 2009

Shock News; I Agree With The Lib Dems!

Two Press Releases from Bristol City Council caught my eye this week.

The first one, released on Tuesday, announced plans to give Bristolians a bigger say in decisions affecting their local communities. Council leader Barbara Janke is quoted saying “We believe local people know what is best for their needs and that better decisions will be taken with better services as a result."

The second, released the day after, announced that a major new scheme for building council housing in Bristol had been given the green light after receiving funding from the Homes and Community Agency. Mark Wright, Cabinet Member for Housing and Service Improvement; "Despite the property crash we are still very short of affordable housing in Bristol, and these new council houses will, I hope, be the first of many”.

I had to pinch myself, two statements by members of the Liberal Democrat executive that, taken at face value, I find myself in full agreement with – “local people know what is best for their needs” and that we are “short of affordable housing in Bristol”. I have made a note in my diary of the date and time so that I can record it for posterity.

I am sure that the above news will be welcomed by the residents of Southville and Bedminster wards which together make up a Neighbourhood Partnership Network for Greater Bedminster, one of the local community organisations through which local residents will be given the opportunity to have a bigger say in the decisions affecting their own communities.

Similarly, given the length of housing waiting lists, the news that funding is available to build housing that the majority of local residents can actually afford is equally very welcome. The average house price in Bristol is over 7 times the average earnings, approaching 8 times for first-time buyers (A New Housing Strategy for Bristol, Paper 3: Housing Demand and Supply, figs 11 and 12 on page 13). Those most in need in Bristol simply cannot afford the overpriced houses that private developers want to build on the Green Belt.

Of course, in order to build the council houses welcomed by Councillor Wright, it is vital that Bristol City Council makes efficient use of any urban or brown-field sites that it currently owns so that it avoids the pressure to build on Green Belt land – after all, this is the same Liberal Democrat party that promised during the election campaign to “Fight Labour’s Green Belt grab and preserve our green spaces”. In the same context, in order to meet the objectives set by Councillor Janke of involving local people more fully in the local decision-making process, it will be important that the council directly consult local residents on the future use of any council-owned or managed land before they offer it to private developers.

In fact, if the Lib Dems are serious about their promises to involve local people in decisions and to build more council houses whilst protecting the Green Belt and preserving green spaces, they have an opportunity to demonstrate this on Tuesday at the full council meeting.

I have put in a number of questions regarding the future use of the council owned land adjacent to the Ashton Gate stadium, of which the last one is;

d) Does Bristol City Council intend to consult directly with local residents regarding the future use of this land prior to the 5th November when planning application 09/03208/P is scheduled to be determined?

If the Lib Dems want their promises about involving local people to be taken seriously then the only answer to the above has to be Yes. And when this direct consultation takes place, one of the questions asked should be whether, if the land is to be developed, the Council should seek a further slice of the funding from the Homes and Communities Agency to build affordable housing on that land – which at housing densities similar to those for Southville as a whole could provide another 45 affordable houses.

Let’s be blunt – many commenters have been critical of the performance of previous Labour-led council administrations, accusing them of ignoring local communities, making decisions behind closed doors, and “greenwashing” environmental issues. Many of those at the forefront of the criticisms are councillors in the Liberal Democrat party which now has majority control of the City Council. It is time for those same councillors to either deliver on their promises or to be guilty of hypocritically doing the very same things they were so loudly accusing their political opponents of doing less than 12 months ago.

September 15th, 2009 may see another entry go in to my diary for posterity. It is up to the Bristol Liberal Democrats to determine whether it will be for positive reasons or negative ones.