The Committee voted to approve both of the Agenda items on the table. First that they wouldn’t have made a different decision than their decision in June. This included those who voted ‘No’ in June stating they would approve the motion because they would still have voted ‘No’. But of a weird one for the no voters.
They also approved to allow the works to the store to be commenced alongside the works to Arlington House and for the store to only be restricted to trade rather than what was previously on the table of only being able to start building works after works to AH are complete. This is a very dangerous game as ability to trade my not be unreasonably withheld. We’ll cover this later in later posts.
But it is our opinion that Members should have refused to take a vote on the report that was in front of them because the inaccuracies of the information presented by Council Officers. If the Council are found to have made a decision based on inaccurate or misleading information it will be unlawful. I’m sure they thought of this when they disregarded the information that validated consultation drawings have been revealed to be inaccurate by 4 metres in ground levels between the two sites of Arlington and Dreamland. TDC officers failed to rectify this after notification. We know they realise this is challengeable at a Judicial Review.
The decision now rests for the moment with the Planning Inspector. But no one asked or what would happen if Freshwater withdraw the appeal. Then, this decision of TDC would stand. It is very likely Freshwater will now withdraw. Now they have what they want.