Developer wins partial award of costs following council’s “unreasonable behaviour”

Property developer Berkeley Homes has won an appeal to demolish old offices in Sevenoaks and construct a new flatted development for 69 residential units.

Following a seven-day inquiry, it was also given a partial award of costs with planning inspector Graham Chamberlain accusing Sevenoaks District Council of “unreasonable behaviour” in trying to expand issues beyond the reasons for refusal.

The inspector concluded that “the Council’s pursuit of what amounted to a new ‘reason for refusal’ in respect of post development pressure on trees was unreasonable. […] Thus, unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance (PPG), has occurred.”

Sevenoaks Council was ordered to pay Berkeley Homes the costs of the appeal proceedings relating to the part of the rebuttal proof that addressed post development pressure on trees.

A Council Spokesperson said: “We are disappointed to have lost the appeal relating to the development of 69 new homes in Sevenoaks town. The application was refused by our Development Management Committee on the grounds that the proposals would result in a loss of trees and cause harm to the character and appearance of the local area.

"While there were no unreasonable costs relating to our grounds of refusal, as part of our appeal we raised concerns about the potential for post-development pressure to remove further trees. However, the Planning Inspector concluded this was unreasonable and awarded a partial cost on this basis.”

Berkeley Homes declined to comment.

James Maurici KC and Nick Grant of Landmark Chambers acted for Berkeley Homes, instructed by Grant Leggett at Boyer.

Lottie Winson