Following another energetic community campaign, a Planning Inspector has once again rejected a planning application for a development which would overshadow and dominate the open space adjoining Colvestone Primary School used by its nursery class. This is the fourth time the developers' schemes have been rejected.
Kids, Mums and Dads celebrate the first campaign win to "Save our Sunlight"
The first application was granted in 2015 but was overturned by a judicial review brought by local campaigner Judith Watt because the consultant's report provided misleading advice about the extent of overshadowing. Hackney spent fortunes trying to defend its decision despite knowing of the error.
Grade II heritage listed Colvestone Primary School
Hackney failed to make a decision on the second development application in 2020, by new owners but for an identical scheme. Following detailed community objections by OPEN Dalston and others, the planning inspector rejected the developer's appeal.
This image shows the proposed rear wall of the scheme stretching across the southern boundary of the open space
The current application was refused by Hackney in January 2023. OPEN Dalston and many others made detailed objections - due to the scheme's overshadowing and overbearance. Unusually, the Mayor of Hackney also wrote an objection.
The Inspector has found that the scheme proposed was "stark and overdominant" and "unneighbourly". He rejected the developers claim that the retained sunlight was adequate because it would exceed the BRE Guidelines minimum requirement that 50% of an open space should receive an annual average of at least 2 hours sunlight each day. The Inspector agreed with our representations that whether the retained sunlight was adequate depended upon the particular context, not a mathematical formula, and that an open space for children has a greater requirement for generous sunlight. The overall effect of the development, he said, would make " a gloomy and unattractive environment for users of the outdoor space "
The developer implied that these considerations were now irrelevant because Hackney has recently deemed Colvestone Primary School redundant for educational purposes. The Inspector disagreed by finding that because of the building's Grade II heritage listing, and its designation in August 2021 as an Asset of Community Value (AVC), there remained the "significant possibility that the building and outdoor space will be retained in their current form." (We had successfully applied for it to be an ACV in 2021. Ed.)
On dismissing the appeal the Inspector remarked "it may be that the site could be developed in a manner that would not have the same degree of impact on the site of the school, albeit with a reduced amount of space or form of accommodation." Perhaps the developer might now take this hint and present a more modest proposal, albeit with a reduced profit.
This good news is tempered by the fact that although it won the appeal Hackney was ordered to pay part of the developers legal costs. Hackney had refused permission on the additional ground that there would be no access for builders because Colvestone School has since 2021 been planned to become a "21st Century Street" inaccessible to vehicles. However the Inspectors own site visit had shown that simply nothing had progressed (Despite Hackney spending huge design consultants fees on its Big Idea. Ed.) so it was totally unreasonable for Hackney not to negotiate conditions for builder's access.
