27th February 2016: Well it came as no surprise to SDAG that Oldham Council passed the plans for the new Saddleworth School in Diggle, despite receiving 1332 letters of objection with only 26 in support. The reality is that this decision had really been made years ago and with evidence subsequently supplied to us from another residents' group, it is clear that this Council will act in any way it sees fit to achieve its objectives. Residents' views count for nothing, which makes a mockery of the democratic system in Oldham. Nor was it surprising that some arguments put forward in objection letters outlining where this development contravenes the policies within Oldham Council's Local Plan have been totally ignored within the planning officer's report. It is the view of Mr Stephen Irvine, Head of Planning, in his report to the Planning Committee, that any harm to Heritage Assets (both designated and non-designated), Green Belt, Ecology, Noise and Light Pollution, Landscape Character and Visual Amenity are all outweighed by the public benefits of having a new school and that although there will be an impact on the transport infrastructure, in his view this will not be "severe". He also totally rejects any impact on flooding either on site or down stream in Uppermill. He also states "It is not a principle objective of the planning process to assess whether or not a new school should be developed on the current site in Uppermill." However, there are certain tests in the National Planning Policy Framework and Planning Guidance from Historic England which puts forward the "mitigation hierarchy" with respect to both heritage assets and ecology. Consequently it is a material planning consideration that if a development can avoid the harmful impacts by using an alternative site, then this should be pursued before any mitigation measures are considered on a site which would result in harm. Oldham Council's Head of Planning has totally ignored these planning requirements. It has become clear that, as many suspected, Mr Irvine used the public meeting hosted by the Saddleworth Parish Council on the 2nd February 2016 as nothing more than a PR exercise designed to appear to be listening to the residents. He undertook to provide answers to the many questions he was unable to answer at the time but failed to deliver these promised answers. As Chairman, this must leave Cllr Neil Allsopp feeling somewhat embarrassed, as he had clearly been used by the Head of Planning in this charade. Prior to Thursday's planning meeting, SDAG obtained a legal opinion from Mr Robert McCracken QC, one of the country's leading environmental and planning barristers, on the legality of Mr Irvine's report. It was his expert opinion that the wrong National Planning Policy Framework test was used with respect to the demolition of the buildings and therefore the importance of the setting of the Grade II listed Dobcross Loom Works Clock Tower building had not been correctly taken into account. On our behalf, Irwin Mitchell Solicitors sent this legal opinion to Mr Irvine on Thursday, advising him that in their view should the Planning Committee grant approval for the demolition of the buildings on the basis of the advice of this planning officer's report, it would be acting unlawfully. As the other applications are also bound up with the demolition of the buildings, any approval to these other applications would also be unlawful. Irwin Mitchell Solicitors invited Oldham Council to adjourn the meeting and defer their determination pending consideration of this legal opinion, but should the Planning Committee approve the demolition application, then a judicial review will be sought. Oldham's Group Solicitor, Mr Alan Evans, responded to Irwin Mitchell Solicitors with a one sentence reply: "The Council has considered the contents of your letter and write to confirm that the Planning Committee will not be requested to defer consideration of any of the applications before them at tonight's meeting." At the beginning of the meeting Mr Evans told the Committee about the letter received from Irwin Mitchell Solicitors, but that it was the Council Officers' view that the correct National Planning Policy Framework test had been used and therefore the Borough Solicitor advised that determination of the four planning applications would be legal. Mr Mark Brooks, Chairman of the Diggle Community Association, who spoke against each of the four planning applications, offered the Committee members copies of Irwin Mitchell's letter for themselves to make their own judgement, but no-one asked to see it. Instead they relied on the guidance of Mr Evans. From the plans and presentation that Mr Irvine presented to the Committee it is abundantly clear that the much-loved Grade II listed Clock Tower building will be unusable in the future, so we can only assume it will be allowed to fall into further disrepair. The justification for its demolition must surely follow. As the Planning Committee has now approved these four planning applications, which in the expert opinion of our legal council, Mr Robert McCracken QC, is unlawful, we feel that we have a strong case to seek a judicial review and overturn these decisions to prevent Oldham Council from needlessly destroying Saddleworth's environment and heritage. With your support we can continue the fight.