Halton Borough Council has won its case in The Court of Appeal against costs that were awarded against it following the Pavilions planning inquiry in January 2022.
Judgment was handed down by three Judges ordering the Secretary of State to pay the Council’s full costs of the Court of Appeal proceedings, and 80% of its High Court costs.
In 2017 developers MJ Gleeson submitted proposals to demolish Pavilions sports and social club on Sandy Lane, Runcorn, and build houses at the site.
The Council’s Development Control Committee approved the Pavilions application in 2020, but the decision was then ‘called in’ for a decision by the Secretary of State on the recommendation of the Health & Safety Executive (HSE).
The Health & Safety Executive (HSE) objected due to their concerns over public safety, and an objection was also received from energy-from-waste operator, Viridor Energy Limited. Both applied for costs against the Council.
However, the Court of Appeal has found that the Council did not act unreasonably and quashed the decision to award costs against Halton.
More recently, public safety issues have been considered again, this time in relation to the Heath Park scheme. In that case, both the Council and applicant have applied for costs against HSE following a public inquiry.
Cllr Paul Nolan, the Council’s Executive Board for Environment & Urban Renewal, says: “This is an excellent result which fully vindicates the Council, confirming that our approach at the Pavilions planning inquiry was reasonable.
“In the case of the Heath Park regeneration scheme, the Council was able to advocate its case in full, and a decision from the Secretary of State at MHCLG on that scheme is now awaited.
“National housing policy puts pressure on the Council to meet new housing targets, and brownfield land development and regeneration schemes will always be the preferred way of meeting Halton’s housing need.”