Telford & Wrekin Council warned over legal fight to stop 290 homes being built

The council has decided to embark on a legal fight to overturn a Government's Planning Inspector's decision to permit a new estate on Haygate Fields.

And despite creating jubilation with residents who have campaigned against the plans, the council has come under fire from the borough's Conservative group, who claim the fight will cost t tens of thousands of pounds in legal fees – and has demanded a meeting to discuss the cost.

Today, a top borough solicitor, specialising in planning law, says it will be hard to say how a ruling will go.

David Brammer, head of planning at Lanyon Bowdler Solicitors, said: "We act for developers and objectors on both sides of the fence and appreciate the complexities of issues that councils have to apply when making judgements on planning applications.

"It's a balancing act for decision-makers, taking into account the very complex planning laws and guidance, which by their very nature will apply differently in different locations.

"Planning is uncertain. It's difficult for councils to make decisions, which makes it difficult for developers to build homes, which is what the Government is saying it wants them to do."

Last month inspector David Wildsmith upheld an appeal by Gladman Developments against the council's decision to refuse planning permission for the homes on Haygate Fields.

Outline planning permission was initially granted by the council but planning chiefs ordered it to be looked at again, claiming Telford already had enough housing either already built or in the pipeline for the next five years.

The developer lodged an appeal with the national Planning Inspectorate, claiming the council had taken too long to make a decision.

Though Mr Brammer could not say how much a case of this nature would cost, he did say that maintaining the challenge against the decision may be difficult for Telford & Wrekin Council.

He added: "It's hard to tell which way the High Court might go on this. However, the Planning Court, which is a part of the High Court, will only intervene where there has been an error of law on the part of the independent planning inspector appointed by the government to deal with the appeal.

"High Court judges are actively discouraged from getting involved in the planning judgement itself, and as a result High Court challenges are notoriously difficult to sustain by the claimant - in this case, Telford & Wrekin Council.

"The council will need to show when bringing the High Court challenge that there was an error of law made by the planning inspector.

"Any litigation like this is inherently risky and expensive, with High Court challenges typically costing tens of thousands of pounds. Even if successful, the council will only get back a proportion of costs, and if unsuccessful it will also be asked to pay a significant proportion of the developer's costs.

"It should also be remembered that if the council succeeds in the High Court, the case will go back to the Planning Inspectorate to be considered again - it does not automatically mean that the development will not go ahead."

Mr Brammer added that the issue is confused by decisions made at another inquiry in Telford just weeks before.

He said: "Less than two weeks before the inquiry, another planning Inspector held an inquiry into proposals from Gladman to build 110 dwellings on land off Muxton Lane, Muxton, Telford.

"He dismissed that appeal in March 2016 and the inspector at Haygate Road was at pains to point out that he had been aware of that separate decision and, where he reached a different conclusion to his colleague inspector on the same or similar

matters, he explained his reasons.

"All of this underlines the complexity of the issues and how difficult it can be for all parties involved."