A HOUSING developer has won its appeal into a council’s failure to reach a decision on plans to build more than 600 homes on land south of Burton.
The Department for Communities and Local Government confirmed that St Modwen hand been successful in its appeal bid for ‘non-determination’ of a planning application for up to 660 homes in Branston by East Staffordashire Borough Council.
The outcome means that the firm, if it wishes to do, can pursue costs from the authority after its actions meant that it suffered ‘unnecessary expense’.
A spokesman for the Planning Inspectorate, who oversaw the appeal, said: “No proper explanation was given for the council’s failure to reach a decision on the application.
“Allegations that the council delayed development which could have been permitted, failed to substantiate its reason for refusal and failed to consider properly the scope for conditions to overcome its concerns amounts to unreasonable behaviour by the council, which led to unnecessary expense.
“We considered this unreasonable behaviour resulting in unnecessary expense has been demonstrated and we therefore concluded that a full award of costs was justified.”
A borough council spokesmen said: “The council notes the outcome of the appeal and awaits any subsequent discussion with the appellant on any costs they may wish to pursue.”
A spokesman for St Modwen said: “Following a public inquiry, it was the inspector’s view, subsequently supported by the Secretary of State that the appeal be allowed and planning permission granted.
“We now look forward to working with East Staffordshire Borough Council.”
The Mail previously reported that the firm recently submitted a new application and it was given the go-ahead in July.