http://www.bathchronicle.co.uk/Bath-market-stall-holder-s-year-battle-Guildhall/story-19599986-detail/story.html
A market stall holder claims to have been treated unfairly by council officials.
Skin care specialist Robert Morgan, who runs the Aranais stall in the Guildhall Market with his wife Anna, has been locked in a planning battle with Bath and North East Somerset Council since he took a lease at the market three years ago.
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Robert Morgan in his Aranais Stall in the Guildhall Market
He has taken his complaint to the Local Government Ombudsman and met B&NES cabinet member Ben Stevens.
Mr Morgan moved into the Guildhall Market, which is run by the council, in 2010 and was told he would need listed building consent for any work he wanted to do to his stall. He produced a design but this was rejected by officers, and at a planning appeal, amid objections from English Heritage.
Mr Morgan was then advised that if he built a free-standing structure he would not need consent. He claims he proceeded to adapt his stall but partway through the work council officials demanded he stop and dismantle what he had built because the structure was not free-standing enough.
Mr Morgan has accused B&NES of being inconsistent, unsure of its own planning policies and deliberately obstructive.
"My stall is no different to any others – the windows and panelling are not attached to the frame – but the council are trying to argue because it would take three days to dismantle and would involve damaging the existing frame it's not free-standing."
Mr Morgan said his requests for the application to be taken to development control committee were refused.
A spokesman for the council said: "The council discussed options with Mr Morgan and agreed a solution involving free-standing cabinets and a counter which would not require any consent.
"However, the work which has taken place is more extensive than what was originally discussed to the point where listed building consent is required. The work is very similar to the proposals that were contained in the refused listed building application in April 2010."
A spokesman for the council said it did not believe it had treated Mr Morgan unfairly and stood by its planning decisions.
He said: "The council wants to support a vibrant, prosperous Guildhall Market for all traders. However, the businesses that take out a lease in the market must observe national planning law."
The Facts
Most stalls in the market
have been altered without Listed Building Consent.
I was told I had to pay
for pre-application advice from the Council and pay £70 per
hour.
This charge is illegal, Under the Local Government Act 2003 the Council may only cover its costs for providing a service like this, and it must be able to show that year-on-year it does not make a profit from the service.
This charge is illegal, Under the Local Government Act 2003 the Council may only cover its costs for providing a service like this, and it must be able to show that year-on-year it does not make a profit from the service.
The Listed Building
Application made to the Council number 10/00564/LBA was refused,
mainly on the grounds that it would create too much of a formal
shopfront style that would be less open in style than many others in
the market.
In previous correspondence
the Council Officer stated her view that the market should “retain
the character of an outdoor market”' This is not a reasonable
statement because the market was designed and built as an indoor
market, opening in 1863.
 |
| Opening Day 1863 |
 |
| Marks and Spencer Penny Bazaar around 1900 |
Architecturally and
historically, the market has always had some enclosed stalls that
resemble shopfronts with upper glazed windows and the goods displayed
in the opening lower half – that's how it was designed.
It is true that English
Heritage sent a comment cited by the officer in her decision saying
that they believed that market stalls should be open, but when
challenged later on this the EH officer admitted she was merely
repeating back information provided by Bath officers.
Even now, Stall 36 is one
of the few that are fully wheelchair accessible. When Google came to
take 360 degree photos Stall 36 was the only one open enough for them
to take photos inside, so to say it is less “open” than others is
ridiculous.
English Heritage were not
consulted in the appeal – the Inspector rejected the appeal
(APP/F0114/E/10/2139717 ) because of a line in the Statutory Listing
(version published in October 2010, so not valid at the time of the
application) which said “Council Presently trying to restore
uniformity to design of stalls.” I tried to find out via Freedom
of Information Requests, and ultimately by appeal as far as the
Information Commissioner, who had inserted this line and when, but
no-one at English Heritage or BANES had any record. English Heritage
subsequently agreed that the line was inappropriate and it has now
been removed from the listing
The stall as built now is
similar in some aspects of design to the one that was refused.
However, the main differences are the ones that mean it is not
subject to the Listed Building legislation. The current structure
does not “alter or extend the building” and does not affect any
historical or architectural features. We know this because the
Council commissioned an independent expert to carry out a historical
survey.
The Council has just spent
£500,000 on developing the co-working hub in the old Council Connect
Offices – part of the Grade 1 Listed Guildhall. No Listed Building
consent was required for this project because no architectural or
historical features were affected.
The Council has spent
£30,000 in officer time over the last 3 years in accusing me of
being a criminal. I have repeatedly asked them to explain what laws
I have broken and why they believe that to be so. I have asked that
they apply the Council's own Planning Enforcement Policy to determine
whether or not I have committed an offence but they refuse to do so.
I have sent them the government's own guidance notes which explain
how to determine if an offence has been committed under the Listed
Building Legislation.
Council Officers, on the
other hand, have refused to comply with the Council's own Enforcement
Policy and Complaints Procedure. They have made repeated claims that
I have contravened the Planning (Listed Buildings and Conservation
Areas) Act 1990, but have refused to give details. They have
contravened the Freedom of Information Act by refusing to provide
information when requested, and they have contravened the Human
Rights Act by denying me a fair and timely trial for the criminal
accusations they have made. They have also, as mentioned above, contravened the Local Government Act 2003.
A complaint was raised in
respect of another market stall in 2006. This was investigated by a
senior officer of the Council. One of its findings was that Planning
and Property Services should work together to create proper plans for
the market, so that stallholders would know what was or was not
permitted in terms of stall development. The report also pointed out
that it was inconsistent and unreasonable of the Council to make it
difficult for stallholders to obtain Listed Building consent, but
then to take no enforcement action against stallholders who made no
attempt to obtain Listed Building consent. English Heritage also
issue official Guidance to councils on managing Listed Buildings they
own that again states that Council's should have conservation
management plans for each building. Bath has no such plans for the
Guildhall Market.
The Council's attitude has been completely unreasonable. After three years they have failed to explain why they believe the stall as built is subject t Listed Building legislation, and they refuse to take the steps that would prove the issue one way or the other.
We are complimented time and again by visitors on how nice the stall looks. People are generally amazed when we tell them that the Council find out stall unacceptable, particularly when they look at others nearby that the Council has said are perfectly acceptable.
If you think the Council are being unreasonable then we urge you to write to the Chief Executive or Councillors and put your views.
Chief Executive
B&NES Council
The Guildhall
High Street
Bath
BA1 5AW
Leader of the Council
Paul Crossley
B&NES Council
The Guildhall
High Street
Bath
BA1 5AW
paul_crossley@bathnes.gov.uk
A full list of Councillors can be found at http://democracy.bathnes.gov.uk/mgMemberIndex.aspx?bcr=1.
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