Costs awarded against council after lengthy planning battle

COSTS have been awarded against Warrington Borough Council following a lengthy and unsuccessful battle to block plans for a car sales outlet.
Government appointed planning inspector Mr B.S Rogers has allowed an appeal against the council’s decision to refuse permission for a change of use of a former United Utilities depot in Chester Road, Walton to a car sales centre.
He says the council’s sole reason for refusing planning consent was highway safety and it acted “unreasonably” in failing to provide cogent evidence to substantiate this single reason.
Ten nearby residents, Walton Parish Council and a local borough councillor all opposed the change of use of the site when the application came before the planning committee.
They claimed an existing traffic problem would be made worse – particularly if car transporters were entering and leaving the site.
They believed vehicles turning into the site would cause damage to the retaining wall to the adjacent, Grade 2 Listed Pear Tree Farm.
The residents also feared increased noise, a loss of privacy and security, a loss of green space and damage to wildlife habitats.
Planning officers had recommend the scheme be approved. They pointed out that the site had not been used intensively for many years and the narrowness of existing access points limited the amount to which it could be used. But they pointed out it could be used more intensively without any need for planning permission.
They pointed out that objectors had described the site as a “blot on the landscape” and said they believed the proposal could result in improvements which would not have a detrimental effect on the character of the area.
Mr Rogers said a similar, earlier application had been approved by the council. The second application was, effectively a re-submission and, although officers recommended it for approval, the council decided to refuse on the single issue of highway safety – but failed to substantiate it.
The fact that there was local opposition did not absolve a planning authority from making its own objective appraisal and providing evidence to back it up.