This is why Fareham Borough Council may face having to pay out at another planning appeal
HISTORY may repeat itself as a council faces having to potentially pay out at another planning appeal hearing.
A two-day planning hearing over the first application at Welborne concluded on Wednesday with Fareham Borough Council and the team representing developers BST Warehouses Ltd requesting costs from each other and citing '˜unreasonable behaviour' from the other side.
The hearing took place after an application submitted by BST Warehouses Ltd, for 72 homes at Sawmills Industrial Park in Wickham Road, failed to be decided in time by the council.
Simon Ricketts from Town Legal LLP said: '˜There are two grounds for this application of costs on the basis of unreasonable behaviour by the council which has led to these additional unnecessary costs.'
The developer's legal team went on to discuss that these included the council '˜refusing' to allow a meeting with their consultant architect to discuss design issues.
Luke Simpson, who was part of the team representing the council said: '˜The Local Planning Authority was clear from day one this design was poor and did not meet the relevant Welborne planning policies and design guidelines.
'˜The appellant advised officers they were not willing to make changes [to the designs].
'˜The appellant in these circumstances has showed unreasonable behaviour.'
Fareham Borough Council has asked for a full award of costs while the BST Warehouses Ltd team want partial costs awarded.
The hearing was heard by Planning Inspector Kenneth Stone who also completed a site visit.
A date for the final report decisionÂ has not been decided.
It comes after the council had to pay out approximately Â£150,000 after losing a planning appeal for 120 homes atÂ Cranleigh Road in Portchester last year.
Three further planning appeals with the Planning InspectorateÂ are scheduled to take place over the next six months against Fareham Borough CouncilÂ including the proposal for 49 homes at Seafield Road in Portchester, a 150 dwelling plan at land east of Posbrook Lane in Titchfield and a plan for 150 homes at land west of Old Street in Stubbington.