High Court ruling after Craven District Council error (From The Westmorland Gazette)

High Court ruling after Craven District Council error

10:53am Thursday 24th February 2011 in Clapham news

Craven District Council unwittingly granted permission for a £2 million housing development in the countryside, the High Court heard.

The council thought it had approved plans for a small group of holiday chalets at Low Watson House Farm, Clapham, in 2007.

But an administrative error meant a condition restricting the chalets’ use to certain times of the year was left out, opening up the development for potential sale as permanent homes.

It was not until last year that the mistake was spotted, leaving council leader Chris Knowles-Fitton in the bizarre situation of challenging his own council’s decision at the High Court. However, in a written judgement, Judge Peter Langan QC rejected his challenge, saying there had been too long a delay between the mistake coming to light and the judicial review application being made.

The council now faces a large legal bill to cover the costs of the case.

The court heard how poultry farmers John and Frances Godson had decided to build holiday homes on their land. Outline permission was granted in 2003, with restrictions meaning the buildings could not be used as permanent homes.

However, in 2007, they applied for permission for “one additional” chalet on the site. Crucially, the permission did not include an occupancy condition.

Work on the Keasden Heights development began in 2007 and two chalets have since been erected, although no additional work has taken place. Nine chalets, each worth £225,000, are planned.

At the High Court in Leeds, lawyers for the Godsons told of the financial straits the situation had left them in as they laboured under a £500,000 bank loan. With no chalets sold, Mr Godson said the payments were being paid with “money earned from our egg business, from our savings, sale of shares, cashing in pensions and selling items from our home”.

He said if the 2007 permission was quashed and the chalets could only be sold as holiday properties, they would lose £50,000 on each unit.

Lawyers for Coun Knowles-Fitton said if the 2007 permission was read as being restricted to one chalet, the council could “live with” it being used as a permanent home. But, if it was for nine, the decision made in error should be quashed.

Ruling that the decision related to the full nine chalets, Judge Langan said even though the council did not know about its mistake until last year, its judicial review application had been made three months late. “However sympathetically one might approach this case from the point of view of the council, the delay can only be characterised as inordinate,” he said. “The delay was also, in my judgment, inexcusable.”

He added: “The controversy between the council and Mr and Mrs Godson started with a slip made by a planning officer. The slip was regrettable, but anyone can make a mistake and no one would seek to attach much blame to the officer. Where, in my judgment, the council went seriously wrong was in its failure to attempt to correct the error as soon as it was pointed out.

“From what I have seen, and I may not have seen everything, the fault appears to rest squarely with the legal department of the council.

“If the appearance reflects reality, then, in the interests both of its taxpayers and of those who depend on its services, the council needs to address with some urgency the systems which are operated within that department.”

Following the judgement, a council spokesman said the council had requested the review as it feared the omission of the condition could have a negative impact on the surrounding area.

“Unfortunately, on applying to the Administrative Court to quash the 2007 permission, the council lost.

“While his Honour Judge Langan QC recognised that the council’s original error was regrettable, he also found that the authority was seriously wrong in failing to correct the mistake as soon as possible. The council has taken the judge’s comments on board and measures have been put in place to address the issues raised.”