Developer set to sue council
A DEVELOPER is set to sue after a long-running bid to build homes on a plot of land was rejected - nine years after being earmarked for approval.
Rossendale-based Hurstwood Group was left "extremely disappointed" after an application to build 31 homes in Rawtenstall was turned down by the council's development control committee.
In 1997, committee members advised to approve the plans, subject to an agreement that Hurstwood provided some benefit for the community -and the developer offered £20,000 for the council to spend.
But the ensuing delay by planning officers to rubber-stamp that agreement resulted in the plans being refused in July this year on grounds of housing over-supply, due to a change in regional planning guidelines.
The planning department's handling of the case led to a local government ombudsman finding the council guilty of maladministration earlier this month and ordering it pay Hurstwood £2,500 compensation.
But despite that judgement, at last night's committee meeting members voted against the proposal to build 31 houses on land off Lower Cribden Avenue and Oaklands Drive, by six votes to four.
Planning officers had recommended to refuse on the grounds that the development would be detrimental to the visual character of the area, to the amenity of existing houses and would contribute to housing over-supply.
The news will be welcomed by neighbouring residents, a number of whom objected to the plans due to claims over a loss of privacy and increased traffic.
However, after the meeting, Hurstwood's legal director Alvin Pinder said: "We are extremely disappointed with the committee's decision which defied both natural justice and common sense.
"Compared with many of the applications that the committee has approved in recent months this application was far more sustainable.
"Given that this refusal follows hot on the heels of a damning ombudsman report into the council's handling of this matter - which found maladministration by Rossendale Council leading to injustice - we feel the council is now rubbing salt into the wounds.
"We have very little choice left but to speak to our legal team about suing the council."
Source: Lancashire Telegraph (30/11/2006)
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