Legal Costs Appeal Against Vale Of Glamorgan Council Fails

An application for legal costs made by Sully and Lavernock Community Council against the Vale of Glamorgan Council has been refused. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The community council had sought to recoup their costs following their appeal against the refusal of planning permission for the change of use of the Hayes Road gypsy and traveller encampment to community allotments. However, costs may only be awarded against a party who has behaved unreasonably and the planning inspector found this not to be the case. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Following changes to the Vale of Glamorgan Council’s local development plan in March, brought about by the decision of the reviewing inspector, the authority’s planning team had approached Sully Community Council with an offer to work with them on a new planning application for the site and prevent them having to undertake a costly appeal, something the planning inspector highlighted in his decision. The community council, however, rejected this approach. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

A spokesman for the Vale of Glamorgan Council, said: “Sully Community Council decided to pursue their appeal despite our offer to work with them and attempt to reclaim their costs from the Vale. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“While their appeal was successful, something that was not surprising as the Council had withdrawn its sole reason for refusal, their claim for costs was not and so has left the community council with a large and unnecessary legal bill, a bill that would have been avoided if they agreed to work with our planners. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“This is a real disappointment. If the community council’s aim is to best serve the residents of Sully then we hope they adopt a more considered approach in the future.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​