Our planning appeal has been rejected

Click to see the inspectors reasons for rejecting our appeal

Click to see the reasons for refusal of our costs

In August 2007, The Consuta Trust applied for planning permission to keep Consuta in a floating Boathouse on the lake at Beale Park. This was rejected despite full support from the Parish Council and The River Thames Society, both are West Berkshire Council’s own planning consultees. No consultee objected

The Consuta Trust appealed the refusal.

Without the use of this site, the future of Consuta as an operational launch will be in jeopardy.

Appeal Hearing was held on 15th July 2008

The  hearing inspector was Mr. Gerald Hollington.

Representing the Trust were David Eager, Tony Cundick and Brian Smith 

with observers from the Smith family.

Mr. Nick Bailey Director of Beale Park representing the site owner.

The council were represented by Ms Helen Pritchard who was the case officer

The appeal hearing had an agenda and all present could comment on any of the issues as they arose. The meeting started at 10:00 in the council offices and concluded with the site visit ending 4:00pm

The council representative agreed during discussion that rejection reasons re condition 5 (use of the cut) could be resolved by suitable rewording.

However condition 7 mooring on the lake at times other than when events were taking place would not be accepted by the council.

It was suggested that the Consuta boathouse could be screened so as not to be visible; this was rejected by the council representative.

It was suggested that the historical importance of Consuta both locally and nationally should be taken into consideration; this was deemed to be of no planning significance by the council representative.

It was suggested that Consuta should be treated as a special and unique case; this was also rejected by the council representative.

The Consuta trust have applied for costs.

There were 47 support letters; and a petition with 109 signatures; there have been no objections.

See some support letters; or the appeal statements.

If you require more information please contact:- brian.smith @consuta.org.uk

Background

The Trust have been looking for a suitable base to keep Consuta when not being used on show.

There were several key criteria in the considerations:-

Since restoration The Trust have moored at marinas, boatyards, private moorings. Several of these moorings have been provided at no charge. However all these moorings have disadvantages, the most serious is that Consuta is not accessible for visitors while at the mooring.

Beale Park is a recreational park with over 120,000 visitors each year, and they were given permission for a navigation cut to the river in 2000/1. Consuta has moored here for lengthy periods each year since then. Permission for the cut was granted "to enhance the leisure facilities at the site", with a 20 day limitation placed on usage of the cut. Last year our Trust reached agreement with the Beake Park Trust to base Consuta in a floating boathouse on the lake, so we applied to West Berks Council for planning permission.

The Boathouse design

Why has our application been rejected?

The initial feedback from the planning officers was most positive, and we were led to understand that there would be no serious objections. However this turned out not so; a senior officer decided to refuse permission, and we were not informed until after the decision. Rejection was despite the support of the local Basildon Parish Council, The River Thames Society and the National Historic Ships advisory committee (a government body of the DCMS to protect listed vessels). There have be no objections whatsoever to our application.

After this decision, we had correspondence with a Senior planning officer and the Chief Executive at West Berkshire Council, to find out why; because the rejection notice stated  "excessive and unmonitored usage of the lake and cut" which was nonsense.  However we have now been told that "objection was based on the principle of any such use of the site rather than the detail"   and    "When taking decisions on applications in AONB the Council have to be mindful of national interest ....". Astonishly, the letter from Martyn Height Director of the National Historic Ships Committee pointing out the national importance of Consuta has been dismissed as "not addressing the fundamental planning issue".

The case is unusual because planning control does not normally extend to boats, and the floating boathouse is of course a boat, so perhaps the Council were nervous about setting precedents. However an unforgivable feature is that we have not had any discussion with the senior officer who made the decision; our telephone and email request to meet him was just ignored.

Regardless of the pros and cons of the case, our application has been treated in a most casual way, where the decision has been taken by one individual in the planning office against all views expressed by the councils own consultees. We are wondering just who the West Berkshire Planning department were representing when they made this decision. The purpose of the planning policy is to control development for Public Benefit.

One supporter said "The Council should be proud to have this historic boat on their patch"

   Letter from Director of National Historic Ships

   Letter from River Thames Society

   Letter from Laurence Monkhouse Vice President of the SBA

   Letter from Colin Henwood

   Letter from Michael Gwinnell