Council told to pay costs after planning appeal

Nadia Lincoln
Local Democracy Reporter Service
Alban Mann LLP A map of what the site could look like.Alban Mann LLP
The approved outline plans for the development include industrial, storage and distribution buildings

A council has been told to pay some of a developer's costs after the refusal of planning permission for a business development was overturned on appeal.

The Planning Inspectorate said West Northamptonshire Council acted "unreasonably" when it rejected proposals for an 11-acre (about 4.5-hectare) business and logistics zone next to Bell Plantation garden centre in Towcester.

Developer Alban Mann has won a partial award of its costs.

The council has been contacted for comment.

Google An entrance into a garden centre. There are tall green trees on both sides of the road and two signs in front that read "Bell Plantation".Google
The business zone is planned for land next to Bell Plantation garden centre

It turned down the plans in 2024 despite receiving a recommendation to approve the scheme.

Ahead of a two-day inquiry into the decision last month, the council withdrew its refusal reasons and did not participate in the inquiry.

Following the inquiry, the Planning Inspectorate said the project could go ahead.

The inspector, Andrew Smith, said: "I find that the council's unreasonable imposition of its first reason for refusing planning permission led to unnecessary expense being incurred in the appeal process."

The move followed a separate case involving a nearby DHL warehouse site, with an appeal finding that the development should have been allowed.

According to the Local Democracy Reporting Service, that appeal is understood to have cost the council nearly £170,000 in legal fees.

'Unnecessary expense'

The inspector ruled that one of the council's reasons for refusal – the visual impact of tall buildings – was "unreasonable" since the land had already been allocated for employment use.

The ruling stated the council's actions caused the developer "unnecessary expense", as it had to prepare expert evidence that ultimately wasn't required.

A second reason for refusal, about the potential impact on traffic, was also rejected.

Outline planning permission has now been granted and the development is expected to include more than a dozen industrial units and could create about 500 full-time jobs.

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