RE: north sea oil& gas17 Mar 2022 09:57
Selfish is right, that if the Council’s decision is to refuse the application and its grounds for doing so are later found to be erroneous from a planning or legal perspective, then the Secretary of State can order costs against the Council (not the Counsellors personally) for the costs incurred by the applicant as a direct consequence of the erroneous decision. The costs awarded will be enough to make the Council’s eyes water, but it will never be a 100% cost recovery for the applicant (Persimmon’s point 2 refers).
By virtue of that, the Council have to be mindful, Persimmon, that their political leanings in jurisdictions such as this, where a development such as this goes against the grain of local political opinion (Nimbyism, ruralism, gentrification issues most probably) doesn’t cloud the decision, because that is not a material planning consideration (Persimmon’s point 1 below refers)
So far as Persimmon’s points 3 and 4 are concerned, even if nothing has materially changed in the application since the original planning decision was made, if the Local Planning Authority deems that material information has come to light since that original planning decision was made, that is sufficient to change the outcome of a decision, then it does mean that the resultant voting could be different. That information could be subsequent legal advice from the LPA’s legal counsel, further planning advice from the planning officer, or subsequent material information being forthcoming from a key stakeholder, for example.
So far as Persimmon’s point 5 is concerned, this is correct. The Committee will be of course aware of those factors, but the application must be determined in accordance with Town and Country Planning Act and relevant Central Government Planning Policy Guidance.