Developers have opened a new battle line in their attempt to avoid having to take action over noise from a much loved music venue.
The Stables in Wavendon has launched a crowdfunding site to help it recoup some of the the £100,000 it says it has spent on protecting it from the threat of closure if new residents complain about noise.
Now Abbey Developments, of Potters Bar, in Hertfordshire, say a council decision to impose a deed of easement condition on the approved new homes is beyond the power of the development control committee.
They now want the council to give it a certificate of lawful development so it can go ahead and build up to 134 new homes north and west of Wavendon Business Park, in Ortensia Drive, Wavendon Gate.
This week council planning officers will call on elected members of the development control committee to decide what action they want to take if the deed of easement is ignored by the developers.
Developers’ barrister Matthew Reed, QC of London-based Landmark Chambers QC says : “The ability to implement the consent will necessarily be in the gift of the Stables, whose decision cannot be challenged by the owner of the Site. That clearly undermines and nullifies the outline permission.”
He adds that he has reached the “clear conclusion” that a condition to demand a deed of easement is “ultra vires and invalid”.
He says that because it is invalidated this means the developers can go ahead without agreeing a deed of easement.
But council planning officers disagree and have recommended that councillors should stand their ground, refuse the certificate of lawful development, and decide what to do if the developers go ahead.
The council and The Stables have also taken their own barristers’ advice, which they say supports the deed of easement.
Senior planning officer David Buckley, in his report, to Thursday’s meeting, says no new evidence or information has been made to convince them of the developer’s case.
“Therefore, the application is recommended for refusal,” he adds.
And Monica Ferguson, chief executive of the Stables says: “This is yet another attempt – the third in fact – by the developers to avoid the condition which was applied – twice – by the planning committee, and which will protect the future of The Stables and future residents.
“It is our belief that the developers have an in-principle objection to the deed, as they have consistently said they will never sign one, and have spent thousands on legal advice to make their case, forcing The Stables (a charity) to do the same.”
The meeting is open to the public and takes place at the offices of MK Council from 7pm this Thursday (January 9). The Stables has invited its backers to turn up at the meeting and show their support.