RE: Minutes for Loxley finally published25 Aug 2020 17:02
K3VMC - "Ultimately, the reasons for refusing a planning application have to be legal, as they were advised bu their own counsel."
Ultimately yes, they do.
Otherwise the applicant can take the council to court and appeal the decision.
But, as far as the committee decision is concerned, the application can be rejected by the committee.
If that decision is legal it will stand and there's nothing the applicant can do about it, other than waste money by trying to appeal it.
If it is not legal it will STILL stand until an authority overturns it (whoever that is).
The chair tried to explain to his committee that he believed their reasoning in rejecting the application would not be legally upheld if UKOG went to appeal.
He went on to say that he believed the reasons given for rejection had no legal support and would ultimately cost the council £250k in appeal court costs and the rejection would then be overturned anyway.
But the council still rejected the decision and can do exactly the same this second time, for exactly the same reasons.
Those reasons may not have any legal basis, but they can still reject the application.
It will then fall to the applicant to take it further and have the rejection overturned at the next stage (appeal court) for that reason.
:)