Unnecessary planning appeal could cost council thousands – because lawyers can’t coordinate diaries
11/04/2025
The Planning Officer told councillors he was doing all he could to resolve the impasse
Council tax payers in the Cherwell District could be landed with a huge Planning Appeal Hearing bill despite having agreed to housing – because lawyers representing the parties involved haven’t been able to coordinate their diaries.
In November 2023 Manor Oak Homes applied to build 114 homes on fields to the north of Dukes Meadow Drive, opposite Lapsley Drive, in Banbury. In August last year the Planning Committee voted to refuse the application, which led to the applicant appealing to the Planning Inspector.
As the new Labour government increased the housing targets for the Cherwell District, Manor Oak Homes resubmitted their application in September. In January, in the face of not achieving the required level of building, the Planning Committee agreed to the application, with an expectation that the applicant would withdraw the appeal for their first application.
But changes to the legal agreements requested by Oxfordshire County Council have caused delays to the final paperwork for the new application being issued.
Now, despite all the relevant parties agreeing, because the lawyers involved haven’t been able meet to sign-off the agreement, there is a risk the Planning Appeal Hearing may not be withdrawn in time. This could leave Cherwell facing a hefty bill for costs.
At a meeting of the Planning Committee last night a planning officer told members the applicant had agreed to what was being requested, but the impasse was down to a number of lawyers. He said: “Whilst the applicant (appellant for the duplicate application) has expressed agreement to those requirements, it has still floundered between various different lawyers not being available at the same time to agree everything.
“There is a risk – a very real risk – of the appeal proceeding and potential costs application being made against the Council. Indeed, we have to exchange evidence on the appeal … within two weeks.”
The officer went on to explain he is looking at a different way of addressing the situation, which Manor Oak Homes have agreed to. Its hoped this would enable an agreement to be put in place so planning consent could be issued and the Planning Appeal withdrawn.
Published: by the Banbury FM News Team
Reader's opinions
