Who breaks a butterfly upon a wheel?

Just as I was about to switch the crackberry off on Wednesday night, I got an email from the Planning Inspectorate informing me that a recent appeal by a developer seeking to build on former allotment land adjacent to London Road station had been allowed.

I can't begin to say how gutted I am about this. This site has history - as does the developer.

I was approached by the Friends of London Road Allotments (FLORA) in autumn '07, when a previous application to build nine poky flats on this previously undeveloped site (which is an urban haven for wildlife including slow worms) was the subject of a planning appeal by informal hearing. We defended this appeal successfully, and residents and councillors alike started to brace themselves for the next application.

This latest application was for four three-bedroom dwellings. When this was again refused by Local Planning Authority officers, the developer decided to take it all the way to a Public Inquiry - no doubt flushed by the success earlier this year of the Highcroft Villas PI (a site which was also former railway allotments and owned by the same developer [hmm]). He even used the same barrister - one of the top Planning barristers in England & Wales.

All that money. For four tiny houses. At the expense of not only the public purse (the council did their absolute best to defend the refusal and hired an equally top-flight Planning barrister), but also at the expense of the considerable mental, physical and emotional energies of the residents involved with FLORA, and of course to the detriment (to the point of annihilation) of the wildlife on the site, and the fact that this is a much-loved patch of urban greenery in the midst of the city.

This bitterly disappointing decision comes after years of campaigning by FLORA, residents and councillors.

Despite the fact that FLORA amassed a huge body of evidence to demonstrate that the site had been used as allotments and had never been built on, the Planning Inspector still chose to allow the appeal by Kingsbury Estates Ltd.

The Council fought hard against this, but sadly all our efforts weren’t enough to protect this site. Now this urban oasis, which is a haven for slow worms and other wildlife, will be lost forever, and I have profound concerns for the preservation of other cherished open spaces in our city.

The Inspector cited the Highcroft Villas PI and the recent granting of permission for development on a greenfield site at Princes Road as precedents for allowing the London Road station appeal.

This decision comes as Local Planning Authority officers are hard at work on the new Local Development Framework (LDF), which will replace the current Local Plan in 2010. The LDF contains an Open Spaces Study which seeks to protect urban green spaces, whether publically accessible or not.

But now I'm genuinely fearful that the Open Spaces Study will be severely weakened by this latest decision from the Planning Inspectorate, and that it will become virtually impossible for the Council to fight development proposals affecting inner-city green land.

It is deeply depressing to think that all the hard work that officers have put in to developing robust policies to protect urban open spaces has been totally undermined by the Planning Inspectorate. As a city, we are hemmed in by the sea and the South Downs, and these valuable pockets of wildlife habitat are quite rightly much-loved by the residents who live nearby.

Sadly it may now become impossible for us to protect these sites, despite the best efforts of officers, councillors and residents alike. This is a grim day for the Planning system in Brighton & Hove.

Reasons To Be Cheerful: 1, 2, 3 (or, When Community Campaigning Works)

The past couple of weeks have seen some very encouraging results for community groups who have been campaigning on planning-related matters in Brighton & Hove.

This is cheerful news worth spreading, and a veritable feast of Davids "tekking" Goliaths (as my Yorkshire cousins might say):

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1. ANOTHER LONDON ROAD ~vs~ TESCO

Another London Road (ALR) is a community campaign group originally set up in response to Tesco's proposals to build a megastore with a 950-space car park next to Preston Circus, following a concerted effort by Tesco's (then) property partners St. James Investments to buy up as much land as possible in the London Road area.

Within weeks ALR had built up a Facebook following in its hundreds, swiftly followed up by a petition (signed by over 1,000 people) and a deputation to the Council, objecting to the fait accompli which was seemingly being presented to the community: you want an improved London Road? Only Tesco can deliver (hmm).

Happily, cracks began to show in the long-standing cosy relationship between Tesco and SJI in March this year (no doubt exacerbated by the *current economic climate*), and earlier this month The Argus reported that the London Road deal was off, citing the community opposition voiced by the ALR campaign as a deciding factor in the Tesco pull-out.

ALR are now busying themselves with preparing a response to the Council's draft London Road Masterplan, which is currently out for public consultation, and are set to continue the excellent work they've begun in encouraging the community to take an active part in deciding the future of the area's built environment.

Well done ALR!

And many thanks to Esther Springett for the above image from her 'Myth of London Road' community art project, which recently took place (appropriately enough) in the empty Co-Op department store (photo snapped by me at last week's Brighton Uni Degree Shows).

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2. THE MONTPELIER & CLIFTON HILL ASSOCIATION ~vs~ TAYLOR WIMPEY

When Taylor Wimpey acquired the old Royal Alexandra Children's Hospital site for several million pounds in 2006, the neighbouring community feared the worst - and they were soon proved right.

Far from working to preserve and incorporate the better parts of a greatly altered but nevertheless much-loved local landmark (predominantly designed by local Victorian architect Thomas Lainson), it became increasingly clear that TW were determined to raze the existing buildings to the ground in order to cram as many sub-standard flats onto the site as possible, thereby maximising their profit on a steep investment made at the height of the recent property boom.

The first application was recommended for refusal by Planning officers; the second (barely-altered) submission was not. The Planning Committee (of which I'm a member) voted on both occasions to refuse TW's underwhelming/overcrowding schemes, latterly against the officers' recommendations, which led to a recent appeal from TW by Public Inquiry.

Back in the day, Taylor Wimpey were a leviathan of house-building, beating opponents into submission with the sheer might of their financial resources, and getting crap schemes passed everywhere as a result.

But again, the *current economic climate* has seen TW experience severe financial difficulties in recent months: and in any case, I don't think they were remotely prepared for the robust, expertly-executed case put by representatives of the Montpelier & Clifton Hill Association, who represented residents at the hearing.

The MCHA's defense submissions were commended by Planning Inspector John Papworth, who happily found against the appeal.

[The council also did a grand job in the defence of this, and many thanks must go to Cllr Lynda Hyde (Planning Committee Chairman) for her indefatigable determination in securing the resources to fight this case and win it.]

The Inspector quite rightly noted the "strong affection for the Royal Alexandra Children’s Hospital as an institution and the values that it stood for", and expressed a clear wish that future proposals might see "some retention of the south façade,as being the part most in the public view, which contributes the most to the area and which [the Inspector] consider[s] could be seen as epitomising the children’s hospital".

Whether Taylor Wimpey choose to take this on board or not is up to them: what's clear is that, unlike the Highcroft Villas decision, Inspector John Papworth really has taken the views of the community on board in throwing this out.

Well done MCHA! Round 3 next.

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3. LEWES ROAD COMMUNITY GARDENERS ~vs~ THE MAN

Hot off the wires - from occupation to negotiation:

Cllr Keith Taylor has worked with the Lewes Road Community Gardeners to secure a temporary memorandum of understanding with the landlords, brokering a deal to protect a community garden set up on derelict space on Lewes Road in Brighton.

Keith, a Green Party councillor for the area, negotiated with owners of the land Alburn Retail Ltd [aka The Man. Ed.], who have agreed the garden can stay until the land is needed for development.

Keith said: “This is a brilliant use of redundant space being converted into a real community asset. Hats off to the Guerrilla Gardeners!

“I am very pleased to have brokered an agreement with the owners of the site Alburn Retail Ltd to enable the garden to continue until the land is needed for development.

“Seeing the results here makes one ask ‘how many other sites are there in the city that could benefit from this treatment?’'"

Fingers crossed that this excellent campaign can continue afoot, and more power to the Lewes Road Community Garden project's collective elbow - well done to all for getting this far, and well done to Keith for his skills in the negotiations with the current landowners!

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Onwards & upwards.