Why Weston's instructing the best KC in England does not guarantee they will on the 29th November

 Weston homes are instructing Peter Village KC, this is a tweet of his from October 24th 2022

While Mr Village appears the best planning barrister in England it does not guarantee our application for permission on 29th November will fail.

Tescos, Redbridge Council and Weston Homes all agree that mechanical ventilation is required to protect residents to flats facing the High Road to the 7th floor. I cut and paste condition 62 presented to Councillors and in our bundle when they passed the development.

62. (Air Ventilation): All the residential dwellings located at floors seven (7) and

below for all the residential blocks directly facing onto the High Road

Goodmayes to the north, the railway line/service road to the south, and the

existing Access Road into the site to the east shall be fitted/ ventilated with

either air obtained from elevated locations within the development and/or the

use of nitrogen dioxide filters, both of which shall utilise closed mechanical

ventilation to ensure national objectives with respect to air quality are met for

future residential occupiers of the development.

This mitigation shall be to be operational prior to any occupation by residents

at floors seven (7) and below in the locations described above and with regard

to the relevant Phase/s indentified on the Phasing Plan submitted under

condition 3 above, and shall be retained and maintained thereafter unless

otherwise agreed in writing with the local planning authority.

Reason: In order to ensure the development meets local, regional and national

air quality objectives, and in accordance with Policy LP24 of the Local Plan and

Policy SI 1 of the London Plan. ENDs extract

Mechanical Ventilation for the school was meant to be provided with regard to overheating: per A338 of our bundle

20.34 The proposed overheating mitigation is as follows:

▪ The use of natural ventilation via openable windows/doors and increased

mechanical ventilation in residential apartments.

▪ For the residential apartments affected by higher levels of external noise, it

is proposed to install a cooling coil on the ventilation supply to assist in

reducing the impact of high summer temperatures. This will provide the

occupants with an alternative method of sufficiently reducing the risk of

overheating without opening the windows.

▪ The use of natural ventilation via openable windows/doors and mechanical

ventilation for the south-facing classrooms.

20.35 These measures will be secured by condition, and will be applicable to the

rooms/flats that fail the comfort range, (ENDS my emphasis)

However, Redbridge failed to include mechanical ventilation for the school. I cut and paste condition 58:

58. (Ventilation/Filtration/Extraction): Prior to the first occupation/use of the

school hereby approved, the following details shall be submitted to and

approved in writing by the Local Planning Authority for the relevant use:

(a) Details of any associated extraction/flue/filtration/ventilations systems

to be installed, including details of any other external plant or machinery

(including ventilation units and air intake louvers), together with details of its

method of construction, appearance, finish and acoustic performance. The

measures shall be in accordance with the relevant DEFRA guidance on the

control of piling and noise from commercial kitchen exhaust systems (January

2005).

The school shall only be occupied in accordance with the approved details.

Reason: In order to ensure that the commercial uses respect the amenities

enjoyed by occupants of neighbouring properties and that they do not suffer an

unreasonable loss of amenity from the operation of the uses hereby permitted

and to comply with Policies LP24 and LP26 of the Local Plan.

ENDs

Redbridge clearly forgot to make mechanical ventilation a condition for overheating despite saying earlier the application it was definite. I expect Redbridge to concede the point that mechanical ventilation needs to be a condition for the school in due course.

So we have the risible situation where children, some of whom will suffer from air pollution related diseases will have protection from mechanical ventilation if they live below the eighth floor. When they leave their homes they will breathe in poisons likely to damage their lungs and then go a school which does not offer mechanical ventilation to protect their health.  

The children will play on a playground below the 8th floor on the school roof which be a risk to their health at any time, but especially on high pollution days. 

Whilst I am confident of our prospects of gaining permission, it is prudent to have a legal team to match Peter Village KC. Richard Harwood OBE KC and Stephanie David fees are £7,500 to represent us on the 29th November 2022. To donate please go to Stop the Tesco Toxic Towers (crowdjustice.com)