Court dismisses case for judicial review on site for special school in Clevedon

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Work to build an expanded school site for children with special educational needs and disabilities at Brookfield Walk in Clevedon can now begin following a court judgement that there is no case for judicial review of the planning and appropriation processes.
 

Construction work on Baytree School expansion was delayed from starting in October following the lodging of a claim for a judicial review by a nearby resident. 


 
The claim was first considered by a judge in December, who refused the applicant permission to apply for a judicial review. The applicant appealed that decision and a second judge has today dismissed the appeal.

 
 
Cllr Catherine Gibbons, the council's executive member for Children’s Services and Lifelong Learning, said: "I am delighted that we can now get on and start building this much needed school site for our special educational needs community.

It's frustrating that we have lost valuable months while we were waiting for the outcome of the claim for judicial review, but I could not be happier that the judge has found no merit in the claim and work can now begin."


 
The council's process regarding the school expansion has faced a number of challenges which have all been defended successfully. An application for Town and Village Green status was refused and the planning decision was also referred to the Secretary of State who confirmed he is content that the matter be determined by the local planning authority. 
 


Cllr Gibbons added: "Given the huge amount of passion, commitment and energy that our officers and the school have put into this project already, it’s disappointing for all involved that the delay has impacted on the build. It will mean that the chances of us having the school completed in time for opening in September 2023 are slim, with September 2024 now looking like a more realistic date.
 


"This delay will impact on a lot of children who will not now benefit from education at this purpose-built site which is heart-breaking for everyone involved, and especially their families.


 
"The delay will also incur contractual penalties, pushing up the overall cost of the project. This will impact on our special educational needs budget overall, meaning less money to spend elsewhere.

“It was never an easy choice to build at Brookfield Walk, but the findings of the judges show that the council and its officers gave proper consideration to all of the issues when making their decisions.”
 
Headteacher at Baytree School, Ed Bowen-Roberts, said: "Without the additional site in September 2023, we will not be able to provide places for all the children who we need to be at the school.

We simply don't have the room. This will mean more children having to travel out of the area, more time away from home on longer journeys, and less time with their families.


 
"I am pleased that work can now get under way on this much-needed site for the benefit of so many children and their families."


 
More information about the expansion of Baytree School can be found at www.n-somerset.gov.uk/baytreeexpansion.