SOUTH Gloucestershire planning bosses are to seek legal advice on whether or not the authority can refuse a planning application for a children’s activity centre near Littleton-upon-Severn.

The council’s development control committee decided last Thursday, February 17 that it would defer deciding on an application to convert the Whale Wharf Business Park into an educational activity centre.

The committee had been advised by planning officers to refuse the application because of the site’s high risk of flooding due to its close proximity to the River Severn.

Helen O’Connor, planning officer, said the development could have economic benefits for the area but that did not out weigh the potential flood risks.

Developer Charlie Tull, wanted to convert the business park into a residential centre for up 300 children, plus staff, with a large field for outdoor sports and a sports hall.

Ms O’Connor said advice from the Environment Agency about making a flood evacuation procedure a planning condition would be difficult to enforce, and could have disastrous consequences for the occupants.

"There is no room for non-compliance," she said.

She advised the committee to get legal advice about the enforceability of the conditions, and whether it was appropriate for this kind of issue to be left to a condition.

Members of the committee agreed the council had a duty of care to the children that might use the site, and concerns were raised about the level of liability being placed on the authority.

Cllr Pat Hockey, a member of the development control committee, said: "Would our enforcement people be happy with this huge responsibility that would lay on their shoulders. I wouldn’t want that responsibility when dealing with the lives of all these children."

Graham Bell, speaking on behalf of Mr Tull admitted the application was a difficult decision for the committee to make, but emphasised the local employment and financial benefits of the development.

He also confirmed that if approved, a strict evacuation policy would be in place before the site was occupied.