Previous planning committee decision reasoning was 'weak' and developer would be 'very unlikely to be defended successfully on appeal', report states
The former Tall Trees hotel
A council planning committee has been advised again to give the green light to controversial plans for 330 new homes in Yarm – despite rejecting the scheme once already.
The decision on whether to grant permission for the housing development on the site of the former Tall Trees nightclub and hotel was deferred in December.
As reported, Stockton Council’s legal officers took the unusual step, despite the elected planning committee voting 8-4 against the plans.
Now the application is back before the committee next week – and officers have again recommended the scheme be approved.
A legal report has also been included in the agenda which advises that the committee’s reasons for the previous refusal “are weak and they would be very unlikely to be defended successfully on appeal”.
The advice, from Alan Evans, at Kings Chambers in Manchester, goes on: “I also think that the council is in territory where it would be at significant risk of an award of costs on the basis of unreasonable refusal.”
The planning committee threw out the housing application on two grounds – that it was outside the limits of development and the application site was unsustainable due to lack of public transport.
But both planning and legal officers at the meeting were concerned these reasons for refusal “would not be sustainable at appeal and that they might result in the award of costs against the council”.
Plans for Tall Trees Hotel site
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It was the second time in three months that officers had intervened on a planning committee decision and calls have been made for an investigation into the overruling of the Tall Trees rejection.
Leading Thornaby Independent councillor Steve Walmsley, who sits on the planning committee, said it was “completely undemocratic that officers hired by the council should be allowed such power of veto”.
But Leader of Stockton Council, Councillor Bob Cook, said the role of council officers was to advise elected members.
Developers behind the Tall Trees scheme, Maher Projects, say young sports players in the Yarm area will gain valuable new football and cricket pitches along with associated clubhouse facilities, if the scheme goes ahead.
Walkers and ramblers could also be catered for with limited access to the valley opened up, say developers – with any paths created being “sympathetic to the sensitive eco system”.
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