‘the process reached an iMpasse’
Parties involved with the application, including BAM Construction, the Valley Invicta Academies Trust, and the Education and Skills Funding Agency, released a joint statement explaining their decision.
“The application process has been lengthy, and whilst the team has provided additional information and made significant changes to the proposal to respond to concerns raised, the process reached an impasse.
“The deferral on August 24 led to further delay as the reasons for deferral were dealt with in preapplication discussions or the submission.
“We also discussed draft planning conditions, and although some amendments to these sought by the committee are considered to be excessive, it has always been agreed permission would be subject to reasonable conditions.
“We have no intention of bypassing these, but do wish to ensure that any imposed meet relevant legal tests.
“After much debate and consideration, along with legal advice, we decided to appeal against the council’s failure to determine the application.
“Whilst the council’s decision is welcomed, we do not consider it would have been reached without appeal, given the same scheme was deferred in August.
“Had an approval been secured without appeal, it would have remained uncertain that the conditions or the legal agreement could have been agreed.
“It is therefore with regret that the applicant considers there to be no reasonable prospect of planning permission being delivered in a timely manner, and has turned to the planning inspectorate for an independent decision.”