15 March 2010Sevenoaks District Council has successfully defended a controversial planning appeal for 48 new homes in the Green Belt in Crockenhill.
Following the long-running application by Mr Ray Mullins, the owner of the protected site on the corner of Green Court Road and Goldsel Road, the case was dismissed by the Planning Inspectorate which independently decides planning appeals. In addition, the Planning Inspectorate awarded full costs to the Council for defending its decision on the grounds that the appeal was 'unreasonable'.
The award of costs is unusual and can only be awarded against someone who has behaved unreasonably and caused another party to incur or waste expense unnecessarily.
Sevenoaks District Council will now seek full costs for the reimbursement of the time of all its staff and specialist consultants who fought the appeal.
The Inspector, in dismissing the appeal and awarding full costs to the Council, stated: "The proposal clearly flies in the face of national policy and, in pursuing the appeal, the appellant has acted unreasonably."
The case goes back to an application first lodged with the Council in April 2009 for the development of 48 new homes in the Green Belt site, which lies between Swanley and Crockenhill.
Sevenoaks District Council refused the application on a number of grounds, including inappropriate development in the Green Belt.
The applicant, Mr Mullins, subsequently lodged an appeal on 11 July 2009 which was heard on 10 and 11 November 2009. The Planning Inspectorate dismissed the appeal out of hand on 3 December 2009.
Cllr Gary Williamson, Sevenoaks District Council's Cabinet member with responsibility for planning says: "This Council is committed to protecting the rural nature of the District and it will use all its powers to uphold the Green Belt. Residents in Crockenhill and Swanley have made it clear, this is a particularly sensitive site which should be protected. We will now seek full reimbursement of tax payers' money for this appeal."
