Carmarthen Journal

Council liable for planning appeal costs three times

- RICHARD YOULE Senior Local Democracy Reporter richard.youle@walesonlin­e.co.uk

CARMARTHEN­SHIRE Council has only been liable for planning appeal costs on three occasions.

Most planning decisions are determined in the first instance by council officers.

Larger and more contentiou­s ones tend to be handled by councillor­s on a planning committee, who are guided by officers but are not bound by their recommenda­tions.

Applicants can appeal decisions, which are either upheld or dismissed by Welsh Government­appointed planning inspectors, who can also award costs if they judge that the council’s decision was made unreasonab­ly.

In a response to a Freedom of Informatio­n request, Carmarthen­shire Council said none of its planning decisions were subject to costs in 201718, but two were the following year.

These two related to the former Cartref Tawelan care home site in Carmarthen, where a planning inspector overturned a committee decision and allowed permission for a new Co-op and two other retail units.

The committee had gone against the advice of planning officers, but planning inspector Clive Nield said the council had subsequent­ly failed to provide “reasonable evidence to support its case”.

It resulted in the authority having to pay £4,500 costs. The other decision related to land adjacent to Laugharne Primary School, but the council said it had no record of an applicatio­n for costs being forwarded by the appellant.

During 2019-20 the council said it faced just one appeal, relating to a drive-through McDonald’s and Costa coffee shop scheme on land by the St Clears roundabout on the A40.

The applicatio­n by Draycott Investment­s and Developmen­ts was turned down by the planning committee, and then overturned on appeal.

Planning inspector Alwyn Nixon awarded costs, saying the committee’s decision had offered “no planning grounds for departing from the clear profession­al advice of its officers”.

The council said the final applicatio­n for costs remained outstandin­g.

Planning committee chairman councillor Alun

Lenny said: “If I get a feeling from debates that members may go against officers’ recommenda­tions, I will remind members at least once before the vote is taken that I will need firm, material planning reasons for their decision. Once the vote is taken, I will ask for these.

“I will emphasise that if we don’t have firm reasons we could face substantia­l costs on appeal.”

Mr Lenny added that planning committees fulfilled an important democratic function, with members often aware of strong local feelings about a particular applicatio­n.

“But they must not be bound by that,” he said.

Mr Lenny said he had spoken at one appeal hearing which the council went on to lose, but where the planning inspector said they were satisfied that the committee’s decision had been taken in a reasonable manner.

 ?? Picture: Mike Walters ?? Plans for a retail developmen­t at the Cartref Tawelan site proved costly for Camrarthen­shire Council following an appeal.
Picture: Mike Walters Plans for a retail developmen­t at the Cartref Tawelan site proved costly for Camrarthen­shire Council following an appeal.

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