Out-Law News 1 min. read
22 Aug 2012, 4:07 pm
The approved development consists of two towers, one with 41 floors and one with 31 floors. The towers will contain 291 flats, 30,000 sq ft of office space, a 179-room hotel with a "skybar" as well as shops and restaurants.
"Having weighed up all of the material considerations, the Secretary of State concludes that though there are material considerations weighing against the proposal, in particular a shortfall in amenity space, these are outweighed by the otherwise substantive compliance with the development plan," said the Secretary of State's decision letter (129-page / 1.2MB PDF). "Therefore, he does not consider that there are any material considerations of sufficient weight which would justify refusing planning permission."
The decision on the proposals was called in by the Secretary of State because it involves residential development of over 150 units, which would significantly impact on the Government's objective to secure a better balance between housing demand and supply and create high quality, sustainable, mixed and inclusive communities and proposals which would have an adverse impact on the outstanding universal value, integrity, authenticity and significance of a World Heritage Site.
The Planning Inspector's report which accompanies the Secretary of State's decision letter said that the lack of amenity space at the scheme was considered to be a serious issue being that the site is located in an area deficient in amenity space.
"There is not just a numerical shortfall [of amenity space]...but a qualitative one" said the Inspector's report. However, this issued was outweighed by "a very significant degree of compliance" with the development plan.
The Inspector's report concluded that "the development plan is still the main driver of the system" and therefore "developments which are consistent with growth, including retail, employment and housing are to be prioritised".
The permission will be accompanied by a section 106 agreement that secures various planning obligations.
Wendover Investors’ Kylun property vehicle is behind the plans, which have financial backing from the chief executive of Fal Oil, a UAE company according to a report by Propertyweek.com.
