£46,000 costs awarded against council

COSTS totalling £46,647 have been awarded against Warrington Borough Council during the current financial year in respect of planning appeals.
This is revealed in a report to be presented to the council’s development management committee on the number of occasions costs are awarded against the council following successful appeals against council planning decisions.
Most of the costs were in respect of an appeal against an alleged breach of planning conditions by ADS Recycling, of Camsley Lane, Lymm when an agreed settlement figure of £40,000, excluding VAT, was paid.
Originally the claim for costs was for £56,473, excluding VAT.
The figures to be reported to the committee include the council’s own legal costs.
Councillors will be told that the costs awards regime seeks to increase the discipline of parties when taking action within the planning system through financial consequences for those who behave unreasonably and cause unnecessary or wasted expense.
Sometimes, costs are awarded after councillors make a decision contrary to officers’ advice.
A government circular makes it clear that planning authorities are not bound to accept the recommendations of their officers.
“However, if officers’ professional or technical advice is not followed, authorities will need to show reasonable planning grounds for taking a contrary decision and produce relevant evidence on appeal to support the decision in all respects.
“If they fail to do so, costs may be awarded against the authority.”
The circular also adds: “While planning authorities are expected to consider the views of local residents, the extent of local opposition is not, in itself a reasonable ground for resisting development.
“To carry significant weight, opposition should be founded on valid planning reasons which are supported by substantial evidence.
“Planning authorities should therefore make their own objective appraisal and ensure that valid planning reasons are stated and substantial evidence provided.”