What impact could a decision to suspend pre-application planning services have on local authorities in the future?
Planning specialist, Chrisa Tsompani, summarises the recent Court of Appeal case:
"A decision to suspend pre-application planning services due to resource and financial limitations may lead to costs awards against local planning authorities in the future. This was the case in the appeal by Leatherhead 20 Limited against Mole Valley District Council (Reference: APP/C3620/W/22/3313897). An inspector made a partial award of costs against Mole Valley District Council, even though the District Council won the appeal.
Mole Valley used to operate a pre-application service, which the Council suspended for financial reasons. The inspector found that the Council’s resourcing matter is not a matter for the appellant, who sought an effective, positive and pro-active approach at an early stage. If the service still existed, the Council would have raised concerns at an early stage and the applicants would have amended the scheme appropriately. This, to the planning inspector’s view, following the guidance on costs applications provided by the Planning Practice Guidance, amounted to unreasonable behaviour, which resulted in unnecessary or wasted expense.’’
Chrisa Tsompani (Partner)
Chrisa Tsompani is a planning partner at Davitt Jones Bould. She is highly experienced in complex planning and environmental issues, having advised on planning and highway agreements, Biodiversity Net Gain, development control, enforcement, planning policy, s106 and s111 agreements as well as compulsory purchase orders to name a few.
ABOUT DAVITT JONES BOULD:
Davitt Jones Bould is a national law firm that specialises entirely in real estate. The firm has offices in London, Manchester, and Birmingham ensuring truly national coverage.
The firm is renowned for its high quality legal work and service.
We only recruit experienced lawyers with excellent calibre. As a result, our legal team of around 70 lawyers have an average post-qualification experience that exceeds 25 years. Most have joined us from other City firms, in-house departments and/or senior roles. Our lawyers have advised some of the UK’s most significant land owners including Barclays Bank, HSBC, Credit Suisse, Rolls Royce, The Royal Parks, The Cabinet Office and The Crown Estate. This focus on quality only has led to a 50% male and female Partner rate.
All of our clients are provided with a dedicated client care professional at no extra charge, which ensures that they receive the highest standard of service at all times.
Davitt Jones Bould is regularly selected to advise on high profile projects such as the hosting of the London 2012 Olympic Games by The Royal Parks and the first Sukuk Bond to be entered into by a Western Government on behalf of HM Treasury. Based in London at The Shard and also Manchester, Birmingham and Taunton, we have a national presence.
The firm enjoys top tier rankings in all of the main directories, as well as receiving many awards.
Comments