Leckhampton High School Judicial Review
Latest information 15th March 2021
The JR has been withdrawn. The order from the court can be viewed here.
Latest information 2nd March 2021
Copy of the Order of His Honour Judge Cotter QC dated 2 March 2021.
Latest information 23rd February 2021
Outcome of the CVP Hearing - CO/3088/2020 - The Queen on the Application of White -v- GCC - 23/2/2021 at 3pm – Bristol Civil Justice CentrePermission has been granted for a Judicial Review to go ahead on the single issue of Valued Landscape. The other submitted grounds for appeal - Heritage and AONB were refused. The case will be heard on March 15th
Latest information 22nd February 2021
The JR will be heard at 3pm on Tuesday 23rd February virtually from Bristol City Justice centre
This document gives dial in details if you would like to attend.
Latest information 11th January 2021
We have received a new revised date from the court. This is because GCCs legal team are not able to make the February 8th date. A mutually agreeable date has now been found. The hearing will now be on February 23rd 2021.
Notification document to all parties is here.
Notice of CVP and instructions here.
Latest information 21st December
A revised date has been set for 8th February. Please see both notification documents below.
Revised hearing date - CO/3088/2020 NOTICE OF ADJOURNED RENEWAL HEARING *OFFICIAL
Latest information 11th December
Latest information 6th November
CO/3088/2020 THE QUEEN ON THE APPLICATION OF WHITE V GLOUCESTERSHIRECOUNTY COUNCIL & OTHERS
An apeal has been lodged and the permission application in the above case has been listed for oral hearing on 15/12/2020 at Cardiff Civil Justice Centre, 2 Park Street, Cardiff, CF10 1ET. It has been listed as a 30 min hearing.
Documents links below
Permission for 15/12/2020 hearing
Latest information 29th October
CO/3088/2020 THE QUEEN ON THE APPLICATION OF WHITE V GLOUCESTERSHIRECOUNTY COUNCIL & OTHERS
The application for permission to apply for a Judicial Review has been refused by Judge Jarman QC. The reason for refusal can be viewed in the official report link above
Latest information 7th October
Application No: 20/0032/CHR3MJ Proposal: Variation of condition 2 (Scope of the Development) relating to planning consent 19/0058/CHR3MJ dated 21/07/2020. Substitution of revised plans to show increased number of photovoltaic cells and a minor amendment to the proposed external compound within the grounds of the school.
The above application for planning is to be determined by the County Council as County Planning Authority. The application documents are available to view online at https://planning.gloucestershire.gov.uk/publicaccess/applicationDetails.do?activeTab=summary&keyVal=QELLV2HNL5400 Comments can be sent to GCC Planning via email or letter by 28th October 2020.
PLEASE NOTE
Correction to a statement made in a Gloucestershire live article on September 8th.The Echo/Glos Live incorrectly reported that at the Parish Council meeting on September 3rd
Leckhampton with Warden Hill Parish Council unanimously agreed to oppose the judicial review and ask for the bid to be withdrawn.
This has been corrected to now to read (still slightly incorrect and the Echo have been notified)
We are happy to make it clear that a vote at Leckhampton and Warden Hill Parish Council to oppose a judicial review and ask for it to withdrawn was split with seven councillors voting in favour and seven voting against and the majority of councillors supporting a review of environmental and landscape issues.. The motion was eventually passed.
The Parish Council confirms the following
Cllr Dobie's motion called for the PC to ask Mrs White to withdraw her JR application with the intention of forming a task force to work with GCC to mitigate the impact of the development and specifically to deal with the 3 remedies set out in the JR
The vote was taken
There was 1 abstention and 7 votes for the motion and 7 against with the Chairman having the casting vote For the motion.
Latest information 1st September 2020
A Judicial Review Claim form N461PC has been filed with the Court - Margaret White, Cheltenham
The Parish Council has had no involvement in the decision by Mrs white in taking this action
The next step is for a judge to decide if the claim is upheld to proceed. GCC have said this process should happen quickly.
The documents Mrs White submitted can be viewed here.
The JR
SECTION 7 Details of remedy (including any interim remedy) being sought
"The remedy is in three parts with a constructive objective on this school project.1. Move all weather floodlit ASTROPITCH away from the highest landscape and visual sensitivity of the school site; this could also be achieved with removal of the flood lights and high fencing.
2. GCC recommendation for diversion of the existing ancient RoW Footpath
as promoted by the NPPF(Para 84) rather than the current plan of removal of this important footpath link.3. Add tree screening to preserve the views into and from the Cotswold escarpment
and AONB, this is in keeping with the integration of the school into the newly formed
Leckhampton Green Space, Cheltenham Local Plan."
Latest information 18th August 2020
Pre Action letter to Gloucestershire County Council letter before JR claim sent to Gillian PArkinson, Head of GCC Legal.
New Secondary School in Leckhampton, Cheltenham, Consultation ref 19/0058/CHR3MJ and planning committee decision
Application by Head of Property Services, Gloucestershire County Council for Construction of a new 6 forms of entry secondary school building, with a new all-weather pitch, sports playing fields, a multi-use games area, onsite parking and other associated works at Land Between Farm Lane/Kidnappers Lane Cheltenham Gloucestershire (application no: 19/0058/CHR3MJ)
Latest information 23rd July 2020
Approval has been given. See the appropriate documents in the links below.
The 106 agreement has been signed and can be viewed here
The decision notice has been issued and can be viewed at http://caps.gloucestershire.gov.uk/gcc_images/19_0058_CHR3MJ_DEC_NOT.pdf
Latest information as at 29th June 2020
The Parish Council has written to Sarah Pearse, Principal Planning Officer and the GCC planning committee to raise their concerns and highlight risks about several issues in the application as believe that GCC has not properly addressed the requirements of the NPPF in respect to valued landscape and may be at risk of legal action by local residents over this. In addition the recent announcement about changes to the catchment area undermines the basis for the previous traffic modelling and suggests that this should be recalculated as it significantly increases the risk of even worse traffic congestion than before.
Latest information as of 22nd June2020
The Secretary of State has carefully considered this case against call-in policy, as set out in the Written Ministerial Statement by Nick Boles on 26 October 2012. The policy makes it clear that the power to call in a case will only be used very selectively.
The Government is committed to give more power to councils and communities to make their own decisions on planning issues, and believes planning decisions should be made at the local level wherever possible.
In deciding whether to call in this application, the Secretary of State has considered his policy on calling in planning applications. This policy gives examples of the types of issues which may lead him to conclude, in his opinion that the application should be called in. The Secretary of State has decided not to call in this application. He is content that it should be determined by the local planning authority.
Latest information as at 14th May 2020
The above planning application 19/0058/CHR3MJ was considered at the virtual Planning Committee yesterday. Members were unanimous in their acceptance of the recommendation as follows:
RECOMMENDATION: That the Planning Committee be minded to grant planning permission for the reasons summarised in paragraphs 8.157 to 8.166 subject to the application being first referred to the Secretary of State as requested by him to consider as a departure application from the adopted local plan, the prior completion of a S106 planning agreement to secure the long term safeguarding of the ecological mitigation land to the rear of Moat Cottage and in accordance with Regulation 3 of the Town and Country Planning General Regulations 1992 and subject to the conditions set out in section 8 of this report.
There was a slight amendment to the recommended planning conditions in that highway conditions 5, 8 and 10 were deleted and condition 12 was amended as per the attached sheet.
LATEST INFORMATION as at 4th May 2020
This is to inform you that Planning Committee will be held Thursday 14 May 2020 at 10.00. A copy of the Planning Committee Report will be available on 5 May 2020. Please note that all planning application documents are available to view online at http://planning.gloucestershire.gov.uk/publicaccess/.
This will be a virtual planning committee and members of the public who wish to view the committee meeting will still be able to via a link published on www.gloucestershire.gov.uk which will be available on the day.
Case Officer: Sarah Pearse, Craig Hemphill (representing Cheltenham Borough Council), County Councillor I Dobie (representing Leckhampton And Warden Hill) and a representative from Leckhampton/Warden Hill Parish Council, Up Hatherley Parish Council and Shurdington Parish Council are eligible to attend.
If you would like to register to speak please contact, Andrea Griffiths or Jo Bolton, on 01452 324206 (e-mail address jo.bolton@gloucestershire.gov.uk or Andrea.GRIFFITHS@gloucestershire.gov.uk). There will be 10 places (5 in support and 5 objecting) each will have 4 mins.
LATEST INFORMATION as at 25th February 2020
The application is not going to the March planning committee now as GCC have some mitigation work to undertake re ecology and environmentsal issues.
It is now due to go to the planning committee of 14th May, with a briefing and site visit scheduled for May 7th.
If approved the school will now not be ready for occupation in Sept 2021.
GCC and Balcarras are currently discussing what a temporary solution would look like for the interim period.
LATEST INFORMATION as January 16th 2020.
GCC have confirmed that this application will not be going to a planning committee meeting until March this year.
LATEST INFORMATION 17th December 2019
On 17th December the Parish Council submitted a further response to some additional documents posted on GCC planning portal. Please see the document section below for a copy.
Currently GCC are aiming for the application to go to the January planning committee, date to be advised. The Parish Council will request that it can make representation at that committee meeting.
Residents can continue to respond to the application via the links below.
Gloucestershire County Council have put out to consultation the planning application 19/0058/CHR3MJ for the construction of a new senior school in Leckhampton
Proposal: The construction of a new 6 forms of entry secondary school building, with a new all-weather pitch, sports playing fields, a multi-use games area, on site parking and other associated works.
Location: Land Between, Farm Lane/Kidnappers Lane, Cheltenham, Gloucestershire
The application documents are available to view online at
http://planning.gloucestershire.gov.uk/publicaccess/applicationDetails.do?activeTab=summary&keyVal=PVT9H0HN01600
Residents had until Oct 3rd to comment either by logging into the GCC planning portal link above or by emailing planningdc@gloucestershire.gov.uk or by writing to:
Sarah Pearce
Planning Dept
Shire Hall
Westgate Street
Gloucester
GL1 2TG
The Parish Council, as a consultee, has had meetings with GCC Highways, with CBC planning and also held a public meeting on Sept 28th in order to help determine its response. The Parish Council had until Oct 16th to respond and a copy of that response is posted on the GCC planning portal and below in the document section.
Planning, GCC Senior School consultation 19/0058/CHR3MJ - 2019 10 16 (PDF, 2.9 Mb)
The Parish Council response to the GCC consultation for the New Secondary School in Leckhampton, Cheltenham, ref 19/0058/CHR3MJ
Planning, GCC Senior School Consultation 19/0058/CHR3MJ - 2019 12 17 (PDF, 821 Kb)
The Parish Council's additional response to the GCC consultation for the New Secondary School in Leckhampton, Cheltenham, ref 19/0058/CHR3MJ
Cheltenham Plan modification consultation
LATEST INFORMATION
The Parish Council now has now responded. Please see the document section below.
Please note that the Cheltenham Borough Council's Main Modifications consultation is now live and you can find details on how to comment using the link below which can be accessed via the examination website. Please do not send representations to this email as they must be submitted using the methods outlined on the consultation webpage:
The Proposed Main Modifications Consultation runs from 4 November 2019 to 16 December 2019 and key Main Modifications documents [ED038] have also been published on the examination library webpage.