4 Year Vastern Court Appeal Finally Concluded

CGI of Vastern Court scheme

Late last week it was revealed that the Vastern Court scheme has been accepted by the government – specifically by Lee Rowley the Minister of State for housing, planning and building safety, on behalf of Michael Gove. The scheme will consist of 600 to 1000 homes, with the uncertainty due to the flexibility for the tallest building to be allocated for either flats or offices. Let’s try to unpack what’s been going on…

Vastern Court plans viewed along Vastern Road

There are many talking points in this story. The most astounding is the four year timespan it’s taken to determine a planning application. It’s truly absurd, but we’ll return to that. First and foremost, is it a good outcome? It’s not ideal that the locally elected decision is overruled. There’s all sorts of opinions shared on social media, in feedback to consultations, rambling blogs like my own. But ultimately, you vote for councillors to hear the opinions, take expert guidance, and make decisions. From what I pick up, and contrary to my own view, the prevailing public opinion is that this development isn’t wanted on the basis that we quite like Aldi and The Range, and there’s too many <expletive> flats everywhere.

But to quote a local councillor commenting on another project last week, “The Planning Committee has to decide solely on the basis of the planning information presented to them. They cannot just vote… on the basis of… a political promise or some non-planning reason. The trick is to come up with sufficiently strong planning reasons that won’t be over-turned by a government inspector.” In rare honesty, there you have confirmation that there’s a bit of a game going on.

The government wants to build thousands of homes on brownfield sites, and there’s no state directive on the minimum number of TGI Friday outlets per city centre, so any attempt to uphold local public opinion depended on constructing other arguments against. Those reasons were put forward – the extent to which they constitute genuinely held local belief is questionable. The planning inspector overseeing the appeal accepted those as valid reasons and refused the application (April 2023 but newly made public). That decision was referred to the government, where the original appeal inspector’s 153-page report was overturned in a new 10-page letter, the conclusion of which I’ve quoted below.

Concluding paragraph from the secretary of state letter, minus a few specific references to technical documents:

  • For the reasons given above, the Secretary of State considers that the appeal scheme is in accordance with Policies [list…] of the development plan, and that although the development does not comply with every policy it is compliant with the development plan as a whole. He has gone on to consider whether there are material considerations which indicate that the proposal should be determined other than in line with the development plan.
  • Weighing in favour of the proposal is the benefit of reusing brownfield land which carries substantial weight; the provision of housing, the economic benefits and the provision of the north/south link which each attract significant weight; the removal of the car dominated existing development which carries moderate weight; and the lease break clauses, CIL, New Homes Bonus each carry minimal weight.
  • Weighing against the proposal is the impact of the new development on daylight/sunlight for current and future residents, which carries moderate weight, landscaping and sustainability/climate change issues which each carry moderate weight, and ‘less than substantial’ harm to designated heritage assets which carries great weight.
  • In line with the heritage balance…, the Secretary of State has considered whether the identified ‘less than substantial’ harm to the significance of the designated heritage assets is outweighed by the public benefits of the proposal. …Overall, the Secretary of State disagrees with the Inspector… that the benefits of the appeal scheme are not collectively sufficient to outbalance the identified ‘less than substantial’ harm to the significance of the Grade II Listed Station Building, the Grade II* Town Council Chamber, and the Market Place and London Street Conservation Area. He considers that the balancing exercise… is therefore favourable to the proposal.
  • The Secretary of State therefore concludes that planning permission should be granted.
Vastern Court CGI behind Station

After somehow swatting away arguments on sustainability and residents’ daylight, the decision appears to boil down to the potential impact, or ‘harm’ to the view of the clock above The Three Guineas – the original station building. In fairness, the council only listed this as number three in their list of refusal reasons (and also number five – they had a couple of goes of wording essentially the same point). As an aside, do we really need that many bollards to ensure public safely? I’d have thought more people would pose that question, or maybe who allowed that whopping great video screen, rather than asking how did the less-than-substantial heritage harm of that office block not outweigh its economic contribution to Reading in the overall planning balance?

Line of sight diagram between Station clock and Vastern Court

Nevertheless, that is the question upon which reams of this report dwell. In one of the many farcical sections, we have an argument about the extent to which a 2D photo aligns with the behaviour of the human eye, and whether biological vision focused on the clock tower would naturally blur the office tower. I don’t think they quite got as far as calling an optician as a witness during the 18 days (eighteen!) of the now-overruled inquiry that spanned across eight months, but I’m looking forward to standing in this spot with an eye patch to find the answer one day. I can’t decide whether the diagram above resembles a GSCE maths paper, or a football VAR referral with its offside lines drawn across the field of play.

Spoof VAR big screen for planning permission

As a planning outsider, I feel I can risk the ridicule of asking why we can’t determine these applications in four minutes instead of four years? If the planning committee aren’t sure, you have a VAR referral to a few experts back at government HQ, Tony Page gets called away to the video screen for another look? Back in the “sensible” world, the report features a longwinded debate on the extent of the harm, within the spectrum of less-than-substantial harms, the sight of the building has on vistas within the town centre. The word ‘harm’ appears 228 times in the report, prefixed by a diverse range of adjectives: lower, lesser, low-level, moderate, low/moderate, substantial, significant, not materially harmful, minor degree of harm… The longer you spend reading this nonsense the more like complete gibberish it becomes, although I accept to spend a Sunday evening writing it up online is more-than-substantially tragic to a modest/significant extent.

After four years, this still isn’t a complete application. It only covers essentially a set of cuboids of prescribed maximum sizes in specific locations. Later phases of Station Hill have the same status and are shown as such in the visual above. The Vastern Court developer tried to help their cause by producing an illustrative scheme of realistic buildings to help interpret their application. Mischievously or otherwise, that illustration doesn’t quite fill the cuboids to the extent that the permission would technically allow. This causes major complication through the report, with assessments of the illustrative scheme and the cuboids sometimes yielding different adjectives in front of the word ‘harm’, with resulting mass confusion. Overshadowing of low-rise homes on Vastern Road, for example, is judged more acceptable in the illustration than the cuboids. Ultimately, the secretary of state report deems this can all be resolved when the detailed final designs are submitted. The applicant uses the same argument on the clock tower views, claiming a harm would be replaced by a “modest benefit” through slender and attractive detailed design. Everyone dismissed that argument as impossible to guarantee.

Vastern Court landscape diagram with route to river highlighted

Also dismissed was the point around the north-south route from station-to-river being negatively impacted by the proposed layout. Just as was found in the appeal process for the SSE site to the north, the applicant is deemed to have done the best they can in the circumstances, even though there’ll be no line of sight from one to the other.

Vastern Court scheme as viewed from Caversham Road

In the end, the government probably saw this as an easy decision. Given the pressure to deliver housing, and repeated announcements on brownfield building, they can get up to 1000 homes here with relatively little controversy. There were only 17 objectors to the planning application. Try building on a golf course in Caversham and you’ll get literally thousands. The council could take it to the high court, but given the main argument against has crystallised onto a ludicrously subjective assessment of the view of a clock, I can’t see them taking the risk. The council gets a lot of grief for “all the flats they’ve built” (obviously most people neglect the point that developers build them), but they’ve taken this one 4 years deep to try to stop it. I’d consider raising a freedom of information request to see what this defence has cost them, but that would just waste time and money when they’re badly overstretched anyway, so please don’t do that.

Vastern Court scheme with building heights in storeys annotated

Returning to my first question, is it a good outcome? My view is that this site, so near the station, will inevitably attract “something big”. I’d rather here and the sorting office site become a major convention centre or indoor arena – a destination making use of the fact that anyone in southern England can easily get here and back home by rail. Market forces, however, seem to value the station as a shuttle to central London’s employment and leisure. Perhaps if the flats had been rejected we might have seen an alternative use come forward? If that’s pie in the sky then I guess we take the flats and hope remaining issues can be worked through subsequently. But the bigger story is the planning process – 301 documents on the council’s planning portal, many running into hundreds of pages, an 18-day inquiry and subsequent government overrule after multiple delays. An application submitted on 27th February 2020, following lengthy consultation beforehand, finally approved over four years later.

After all that, it seems likely the site will be sold on, with its value increased thanks to planning permission being established. And the next owner will inevitably reconsider aspects of the scheme anyway. In summary, after a somewhat ironic 1500-word waffle of my own, the conclusion can only be it’s all been a not-less-than-substantial waste of time to a substantially significant degree.

What do you think? Comments very welcome as ever…

4 Year Vastern Court Appeal Finally Concluded

15 thoughts on “4 Year Vastern Court Appeal Finally Concluded

  1. Anonymous says:

    A great write-up. Well done.

    It feels inevitable that there will be no more retail parks left in central Reading-ish at all, forcing us all to drive further out to ‘pop’ to Aldi et al. That doesn’t mean many of us are happy about it. As you suggest, this location seems very suitable for something more than ‘just’ flats. Hopefully whoever they sell the site to has a better vision for the area.

    Liked by 1 person

  2. Anonymous says:

    Mixed feelings on this one. Reading does have too many flats, this this seems to have done nothing to curb prices and it raises the question of where the residents will all go when they move to the next stage of their lives.

    The sightline arguments seems spurious as does its protection as a fairly useless retail park.

    I can’t see it increasing out of town traffic either.

    A destination venue seems unlike to work in that area – too residential already.

    Liked by 1 person

  3. Anonymous says:

    It feels like a fairly dead space now. I would rather the retail parks be based outside of the town centre. I.e Green Park or Thames Valley Park (Which is dead!)

    I wonder if they can create a space that will bring Caversham and Reading together.

    Liked by 1 person

  4. Anonymous says:

    I’ll miss Aldi, also I’ll miss my mate ringing Majestic and getting them to deliver me something random every now and again (great service, make the most of it whilst you can)

    However, my possibly unpopular opinion is this is a great location for flats. Next to the station for commuters, fantastic green space almost on your doorstep, hospital less than 2 miles, right in the town centre. What every development like this also needs is suitable delivery bays and a small parking space for car hire/car shares.

    Liked by 1 person

  5. Welcome to the insanity of the current planning system! It’s made up of layer upon layer of best practice guidance books, Acts, case-law (often from elderly judges), frameworks, rent-an-expert opinions, planning policy guidance, precedent, and solicitor fees. It does actually make sense if you really get into it (establish the level of each of those “harms” and then balance them as per NPPF local plan case-law and precedent), but if you step back and think “is this helping society?” it’s clearly not.

    Labour are promising planning reforms; hopefully they’ll follow through.

    Liked by 1 person

      1. Thanks. Interesting. I think there’s a difference between a national trust property in the countryside and a building in the very centre of a town where the sight of other and new buildings might be expected as in keeping with its setting. Unless we’re talking about St Paul’s Cathedral!

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  6. Anonymous says:

    great location for a development. Really good read too. I find it hard to keep calm when I read reasons for why it should have been refused. Hopefully this nimby attitude towards development on areas that hold no significant heritage whatsoever, will start to disappear in future.
    we are about 30 years behind in house building anyway, so the more the merrier.

    Liked by 1 person

  7. Anonymous says:

    Ridiculous decision from the Housing Minister. The current retail park supports the local community. The developed site does not need to be turned into even more saturated housing. There are other vacant brownfield sites that should be developed first.

    Liked by 1 person

    1. Anonymous says:

      what saturated housing? You must be thinking of another country as here in the uk we are critically low on housing! The new development would serve the community far better than its current state as it will most likely keep retail space on the ground floors.

      it’s 2024 and retail parks are no longer welcome in busy town centres that increase traffic. Hence why you mostly see them on them out of town.

      Liked by 1 person

  8. Anonymous says:

    I use the train / bus to get to work, so will miss The Range, Majestic and Aldi for shopping to / from work. Will now have to drive for shopping, I’m sure I wasnt the only one… so more cars on the road.. hopefully they can setup an Aldi on the bottom floor of one of the buildings.

    The ONE thing i had hoped was that the council would purchase some of the land and turn it into a central bus station. The planning for Shared /Active travel in the town is a joke. 

    Another lost oppurtunity for something better…

    Liked by 1 person

  9. This is exactly why this country’s economy is screwed.

    We desperately need housing, yet people spend 4 years trying to block it because of the harm not seeing a rubbish clock on a train station will do to them.

    When can we start prioritising the needs of those who need housing? Balls to those upset about not seeing a clock.

    Build the flats, and build many more.

    Liked by 1 person

  10. Anonymous says:

    If the Council knows what it wants for this space – WHY DID THEY DO NOTHING UP TO THE DEADLINE? The usual, do nothing, let someone else take a decision and then spend hundred of thousands taking the decision makers to the High Court …. and that money BTW is our Council Tax payments! I will never understand how this Council keeps getting elected and WASTING the money it raises. Anyone think they could use that money to do something useful?

    Like

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