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Counting cost of appeal rule

by Amy Glendinning
21/ 5/2008

HEYWOOD Township faces footing the bill of a planning inquiry after councillors failed to attend.

Under new rules introduced by the cabinet, the council passed on the costs of the appeal on a decision regarding housing on Grove Street because there were no Heywood councillors present.

The new rules state that if councillors turn down the decision of a planning officer the case can go to appeal in front of a planning inspector and councillors are expected to attend to put across their case.

If they do this, the cost of the appeal, whatever the decision, is borne across the whole of the borough, but if they do not attend, the cabinet have decided that the cost must be met only by the Township involved.

The actual size of the bill will not be known until a Township vision and commission meeting on Monday 2 June, but Heywood Township manager Peter McNulty says it is likely to be a ‘substantial financial penalty’ and councillors may suspend making funding decisions until they know the full cost.

New Township chairman Alan McCarthy is campaigning for Heywood not to have to foot the bill under the new regulations, which were introduced to stop what the cabinet saw as ‘frivolous’ planning decisions by councillors.

Councillor McCarthy said: "In an unprecedented move, a recent cabinet decision to pass on the as yet unsubstantiated costs of a successful planning appeal on houses in Grove Street could lead to the Heywood Township having to foot a substantial bill.Never in the history of Heywood planning appeals has this been the case, with costs against the council usually being met from the corporate purse."

Councillor Peter Rush, who represents North Heywood where Grove Street is located, said: "I was aware that there was the possibility of costs but I thought they would be taken from a central pot.

"I will be investigating when the rules came into effect and whether the other townships have had to pay these costs."

Township manager Peter McNulty said: "The Township will have to reserve funds to pay the bill if it is upheld and it is quite likely to stick.What we are telling councillors now is that if they turn down a planning officer’s decision they must turn up at the inquiry and state their case before the inspector, and defend their arguments."