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Halton View Ward
Halton Liberal Democrats Give You Service and Action - All Year Round

Still the big issue in Halton View at the moment is the development on the site at Bennetts Lane. Whilst we do not welcome such an institution which is near to houses, chemical factories and local schools we fear that it is too late as the right questions were not asked at the planning stage. This has not only left the Halton View area in a vulnerable position but also the neighbouring communities.

FACTS:
Halton Borough Council and the Executive Board Member for Planning, Transportation, Regeneration and Renewal -who is the ward councillor for Halton View- allowed the land at Bennetts Lane to be reclassified from factory/warehouse use to residential. This went against the Halton Borough Council Unitary Development Plan.

Planning permission for the development was granted before a change in the categorisation of a class C2a. As it stands it is our interpretation of the law that the developer has the planning permission required for the secure mental health institution. Indeed so sure are the developers that they are now appealing a refusal by HBC to issue a certificate of lawfulness.

The labour Councillors initially welcomed the development responding to the local press in a report of 13/12/2006

A new mental health hospital in Widnes will create 300 new jobs, an exclusive report has revealed. The Priory Group has told the Widnes and Runcorn World it will build a private, medium security hospital near Fiddlers Ferry.
Councillor Tom McInerney said: "The Priory is world-renowned and will bring a lot of jobs in."

Labour run Halton Borough Council were not sharp enough early on. There was not enough effective scrutiny.

One argument is that Montpelier do this on a regular basis. Well if this is true all the more reason to be cautious. If Montpelier had a track record why did the Labour run Council not ask the right questions? And why did they not impose restrictions within the old categories of C2 as has been done by other Councils? For example Mexborough who when faced with a similar issue imposed the following terms: "The premises shall be used for Nursing Home and/or Residential Home and for no other purpose (including any other purpose within Class C2 of the Town and Country Planning (Use Classes) Order 1987)”.

Other examples abound 5 Jan 2005. The premises shall not be used other than for a nursing/residential home and for no other purpose (including any other purpose in Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification), unless otherwise agreed by the Local Planning Authority. Reason: To enable the Local Planning Authority to control future uses. In accordance with Policy GD4 of the Tynedale District Local Plan.

Bath & North East Somerset Council 31st January 2001
The proposed extension shall be used as a nursing home for the elderly only and for no other purpose including any other purpose in Class C2 of the schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order, with or without modification.

The conditions attached to the permission by the Labour dominated Planning and Development Control Committee and Halton Borough Council did not further restrict the use of the development by reference to class C2. So this means all of C2 as was before June 2006 is applicable. And this includes a secure mental institution.

The development is now owned by a newly formed company Velocity Healthcare with the following details:
VELOCITY HEALTHCARE LIMITED
C/O VEALE WASBROUGH LAWYERS
ORCHARD COURT
ORCHARD LANE
BRISTOL
BS1 5WS
Company No. 06485062

If the developers win there is a real danger that the site will become a C2a by default and this will mean that the use can be changed within the categories of C2a without having to apply for planning permission for a change of use. So that if they want to they can set up the site as secure residential accommodation e.g. Prisons, secure hospitals, military barracks.

Labour Councillors finally broke the news to the action group that the people must prepare themselves for the worst. Keeping a brave face and putting a positive spin on things Rob Polhill stated that he still thought the council had a good case. But at the end of the day if the appeal was upheld the council would only go ahead with another appeal against that decision on points of law. He further qualified the position of HBC saying they would only appeal if their barristers advised them that they had good grounds for mounting such an appeal.

Halton Liberal Democrats Give You Service and Action All Year Round!