Issue - meetings

Decision:

The Executive approved an initial supplementary budget of £350,000 to the Wisley Appeal and for the initial work to prepare for the North Street appeal.

Reason(s):

To enable a robust defence of the appeal against non-determination of the Wisley appeal and to do the initial work to prepare for the North Street appeal.

Other options considered and rejected by the Executive:

The Council could decide not to defend either appeal. The implications for doing so would potentially result in inappropriate development being delivered in the area or development that was not supported by appropriate infrastructure.  This would also give the appellant strong grounds for an award of costs against the Council on the grounds of unreasonable behaviour.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

Applicants who submitted a planning application to the council could appeal against a refusal or non-determination of planning permission. Where an appeal was lodged, there was an expectation that the Council would legally defend its decision. Complex appeals would normally be dealt with at Public Inquiry. For Public Inquiries counsel would be appointed and possibly expert witnesses for which a budget was required.

An appeal had been made by Taylor Wimpey against the non-determination of the planning application relating to the redevelopment of Wisley Airfield. The Council had also been advised that an appeal would be lodged against the refusal of the North Street application should a second application be refused. Therefore, there was a need to make available funding to engage counsel and commence the preparatory work.

The report was introduced by the Lead Councillor for Planning, Environment and Climate Change and a revised paragraph 10 to the report setting out the financial implications had been included in the Supplementary Information Sheet.

It was explained that the costs as set out in the report were not definitive but were required immediately to begin legal preparation. The Council would robustly defend the decision of the Planning Committee and the work of Planning Services. Costs would be minimised wherever possible, including the avoidance of costs for unreasonable behaviour. Legally, the matter was now removed from the Planning Committee and taken over by the corporate body of the Council, but the Planning Committee would continue to be consulted throughout the process.

It was suggested that the Council had received an approach from Taylor Wimpy with regard to an extension of the Planning Performance Agreement (PPA) which could not be confirmed at the meeting. The lead councillor advised that a written question submitted in this regard would be appropriate and would allow sufficient time for the matter to be properly looked into. It was noted that the report before the Executive was recommending a supplementary estimate and not a discussion of prior events.

The Council could not defend an appeal with the in-house legal team. The procurement of outside counsel and specialist witnesses would be on an ad-hoc basis or ‘pay as you go’ so as to keep costs to a minimum. There would be specific briefs provided to expert witnesses with a one-off price agreed to assist with budgeting. The appeal process would be one of ongoing discussion with the appellant to seek and agree on common ground.

The Executive,

RESOLVED:

The Executive approved an initial supplementary budget of £350,000 to the Wisley Appeal and for the initial work to prepare for the North Street appeal.

Reason(s):

To enable a robust defence of the appeal against non-determination of the Wisley appeal and to do the initial work to prepare for the North Street appeal.