Developer's Legal Expenses Not Covered by Council Taxpayers After Planning Inquiry

Strategic Insights -

Derby City Council taxpayers will not be liable for potentially thousands of pounds in legal expenses for developer Miller Homes after a planning inquiry. The appeal against the council's refusal to grant planning permission for 90 new homes near Royal Hill Road in Spondon was held last month. Miller Homes argued that the council acted "unreasonably" by refusing the application, but the planning inspector, Andrew Smith, ruled against the developer's application to be awarded costs against the council.

Key Takeaways:

  • The planning inquiry was held last month to determine whether Derby City Council's refusal to grant planning permission for 90 new homes was reasonable.
  • Miller Homes argued that the council acted "unreasonably" by refusing the application and that councillors should have followed their officers' recommendation to grant planning permission.
  • The planning inspector, Andrew Smith, ruled against the developer's application to be awarded costs against the council, stating that the council's decision to refuse planning permission was not unreasonable.
  • The council's planning committee members were entitled to come to a different decision to that recommended to them by their officers, as long as the conclusions drawn were properly substantiated.
  • Miller Homes' legal representative claimed that the council's procedural conduct was unreasonable, but the council's legal representative disputed this claim, stating that there was no evidence to support it.

Statistics:

  • 90 new homes were proposed by Miller Homes on land off Royal Hill Road in Spondon.
  • The planning inquiry was held last month at the city council's headquarters.
  • The cost of Miller Homes' legal expenses is unclear, but it is likely to be thousands of pounds.

Sources:

  • Miller Homes
  • Derby City Council
  • Planning Inspectorate
  • Andrew Smith, Planning Inspector