Civic group claims officers mislead councillors in planning legal challenge

Bristol City Council's decision to grant permission for a 28-storey development was the result of "misleading" advice from officers, a pre-action protocol letter has claimed.

In a pre-action protocol letter issued by the Bristol Civic Society, the group advanced a number of other grounds relating to heritage impact, the public sector equality duty and construction impacts.

It added that if the council does not reconsider and redetermine the application for the, the group will seek an order quashing any grant of planning permission by way of judicial review.

The redevelopment at the centre of the dispute will see the demolition of an 18-storey Premier Inn currently standing on the site and the construction of a high-rise student accommodation with more than 400 rooms in its place.

Councillors resolved to follow officers' advice and delegate approval of the scheme to officers on 6 March 2024.

However, the pre-actional protocol letter drafted by lawyers at Leigh Day Solicitors claimed that the officers' advice was "materially misleading".

The group applied to the High Court for judicial review on the following grounds:
1. unlawful assessment of the scheme's heritage impacts
2. failure to have regard to relevant policies in relation to the design and/or findings of harm in the planning balance
3. failure to accurately summarise representations in relation to sustainability, to have regard to relevant considerations, and/or to follow or accurately summarise the advice of the Council's Sustainability City Team
4. unlawful determination of application in light of outstanding concerns
5. reliance on irrelevant considerations in relation to purported transport benefits
6. failure to discharge public sector equality duty and/or have regard to job losses
7. failure to have regard to construction impacts
8. failure to provide advice in relation to purpose-built student Accommodation (PBSA) demand

The letter called on the council to withdraw its resolution to grant planning permission for the scheme and to reconsider the application for the scheme.

A spokesperson for the Bristol Civic Society said: "Lawyers were instructed to look at the advice to councillors because some of it didn't look quite right.

"The Society considers such a controversial proposal with longstanding and widespread impacts should be considered properly, not least when a number of councillors said their decision was finely balanced."

Bristol City Council has been approached for comment.

Adam Carey