THE Directors of Pepper & Oz Ltd. pose the question as to whether the dragon, symbolising Malvern councillors and planning officials, has really been slain following the decision of the planning committee to approve their parasol.
I feel confident in saying the answer to that question is a resounding NO, because the so-called dragon's lair is not in Malvern but in London where national planning law is approved in Parliament and refined by case law in the High Court and Court of Appeal.
When making decisions in relation to Listed Buildings and Conservation Areas, all planning authorities have a legal requirement to ensure that new development does not harm the character or appearance of historic buildings and areas and that it complies with the overall development plan for the area. This is a requirement which is potentially challengeable through judicial review, with all that entails in terms of cost to the council tax payers.
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Mr and Mrs Browne have chosen selectively to cite opposition to their parasol as being because some believe it to be naff or don't like purple, but the real grounds for opposition by the planning officers and others are set out in the committee report where the impact of the parasol on the historic environment is assessed and reported in considerable detail. Notable there too, is the opposition of English Heritage, the governments statutory advisor on the historic environment. It is abundantly clear from the officer's report that the professional opinion both locally and from English Heritage is that the parasol conflicts with national as well as local policies.
A majority of councillors on one committee have now chosen to go against that opinion and the final outcome is awaited with interest! However, whilst the present legal and national policy presumption in favour of conserving historic areas/buildings prevails, no council can afford to disregard its duty whatever some people may feel, so I expect the so-called dragon will be back soon!
I did not express an opinion on the application to retain the parasol but, for what it is worth, it is abundantly clear to me that it is harmful to the appearance and character of the historic environment in the immediate vicinity, so if I had done so, I would have asked any councillor representing me to vote against the application!
Were the Abbey gateway a priceless medieval relic rather than an agreeable Victorian pastiche (oops, sorry, "restoration") I should have more sympathy with Mr Coulter's case. As it is, the parasol will add some colour to a rather dingy cul-de-sac.
Were the Abbey gateway a priceless medieval relic rather than an agreeable Victorian pastiche (oops, sorry, "restoration") I should have more sympathy with Mr Coulter's case. As it is, the parasol will add some colour to a rather dingy cul-de-sac.
Posted by: cjkelly, Malvern on 3:59pm Thu 1 May 08
For heaven's sake, we're talking about a parasol in front of an existing restaurant, not about adding a McDonald's to the Priory! The majority of councillors have approved the application because a) they agree that the so-called "conflict" is at worst very slight, b) they recognise it's of benefit to
Malvern, c) they accept that the majority of the public are actually in favour, and d) they [italic]are[/italic] doing their duty, not kowtowing to opinionated reactionaries.
Christopher Kelly
For heaven's sake, we're talking about a parasol in front of an existing restaurant, not about adding a McDonald's to the Priory! The majority of councillors have approved the application because a) they agree that the so-called "conflict" is at worst very slight, b) they recognise it's of benefit to
Malvern, c) they accept that the majority of the public are actually in favour, and d) they are doing their duty, not kowtowing to opinionated reactionaries.
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