Council takes legal advice after planning appeal on new school dismissed

The London Borough of Bromley has said it has taken legal advice after the dismissal of a planning appeal about a proposed boys school.

A planning inspector last month dismissed Kier Construction’s appeal to build the Bullers Wood for Boys Secondary School on St Hugh’s playing fields. 

The appeal was dismissed because of the effect of the proposal on highway safety in the surrounding area.

Kier Construction’s appeal followed the council’s rejection of the application in January 2017 because of road safety and traffic concerns.

Bromley said the legal advice could have an impact on a subsequent decision to award planning permission for the Bullers Wood secondary school in October 2017 which followed a second application from Kier Construction. 

“Independent legal advice has left the council with no choice but to have the Development Control Committee re-consider the detail of its previous decision when they meet on Thursday 25 January,” it said.

A council spokesperson said, “We are deeply aware of the ongoing public interest in the future of the St Hugh’s playing fields by parents and residents alike. We need to consider the potential legal implications arising from the independent planning inspector’s decision to make sure the long-term decisions are correct for all concerned. We are in regular contact with the school and their representatives and will share any further information as soon as we can”.  

The Development Control Committee decision to approve the second application was subject to the completion of a legal agreement, Bromley said. “The legal agreement had not been completed when the outcome of the appeal became known and therefore legal advice has now been sought.”