By Andrew Topping, Local Democracy Reporter
The leader of a Nottinghamshire council fears Government intervention if another of the authority’s planning decisions is overturned upon appeal.
Ashfield District Council has lost two major appeals this year where councillors have refused permission against officers’ recommendations.
The decisions, on Millers Way, Kirkby, and Alfreton Road, Sutton, have led to the approval of more than 150 homes not deemed suitable by councillors.
The Millers Way development, where 54 homes were approved upon appeal, cost the council £150,000 as a result of the Planning Inspectorate’s investigations.
It has led to concern from Councillor Jason Zadrozny, leader of the council, that another lost appeal could lead to the Government stepping in.
Central government has the power to remove planning authority from a district council if it believes wise decisions are not being taken.
Intervention can also be taken if councils fail to meet housing targets or do not determine applications within set timeframes.
If this did take place, it would take power to grant planning permission away from the council and allow developers to go straight to the Planning Inspectorate.
Ashfield District Council is currently awaiting the outcome of an appeal against its decision to refuse 300 homes in Ashland Road West, Sutton, which is expected to be determined in the autumn.
Councillor Zadrozny (Ash Ind), who sits on the authority’s planning committee, spoke on the potential risks of losing the ongoing appeal.
He said: “On Millers Way, the inspectorate awarded £150,000 costs against the council because they had a fundamental disagreement with the committee’s decision.
“This is a lot of money and it makes councillors think twice, worrying they might have to vote for something they don’t want to, to avoid costs to the council.
“It puts the council into a sticky financial situation, but there’s also another penalty to this.
“If you lose several appeals in a rolling period, and Ashland Road West could be another, the Government could simply take over our planning authority and remove planning permission powers for a certain period.
“They can come in and say you’re not making wise decisions, so they can take the power from you.
“Their presumption is always in favour of development, so it’s a really dangerous position.”
The council also lost an appeal against its decision to refuse the 320-home housing development in Beck Lane, Skegby, in 2019.
Councillor Zadrozny fears this, too, could be taken into account.
Other councils have, in the past, been warned of intervention if backlogs on planning applications were not addressed.
Mansfield District Council was also warned over in March 2018 over delays to its local plan, but intervention did not take place after the council committed to publishing its plan.
The Ministry of Housing, Communities and Local Government could not comment on potential intervention in Ashfield.
However, a department spokesperson said: “The Government monitors the performance of all local planning authorities for the speed and quality of decision making.”
