High Court judge backs Melton Council planning decision

Councillors voted in favour of outline proposals to build 35 houses off Burdetts Close in December 2018 and then supported a detailed planning application seven months later.

Burton and Dalby Parish Council challenged the decision on the grounds that the council had not paid due attention to conservation issues and/or followed its Local Plan policy applicable to the site.

But both objections have been rejected by a High Court judge and the council’s original decision upheld, with costs awarded in favour of the authority.

Councillor Leigh Higgins, deputy leader of the borough council said: “The significant costs awarded to the council from this ruling do not cover the time and resources incurred having to defend this challenge.

“It is a great shame that the local people of Great Dalby and Burton Lazers are landed with these large legal bills arising from the action taken by the Parish Council.

“In this case, the wider Melton borough taxpayer’s interest needed to be defended and the council was duty bound to protect these interests.”

He added: “This is a welcome decision, which provides us with assurance that the planning committee is discharging its duties correctly.

“The committee has a wide discretion in planning matters and we will continue to robustly defend properly made decisions against challenges of this nature.”

Councillor Higgins said he was pleased hear that the developer, Rosconn Strategic Land (RSL), is now proactively engaging with the parish council to minimise the impact of the scheme on the village.

He said the case was an important legal victory for the council, adding: “The council will continue to work proactively with its parish councils to find solutions that work for the people of Melton in an attempt to avoid these types of situations going forward.

“Never before have pressures on public finances been so great and I make a plea to those of us entrusted with public funds to make sure we use them to benefit our communities especially during this difficult time.”

The applicants have now submitted a fresh planning application to build the 35 homes on the site but with revised proposals to lessen any negative impact on the grade two listed Church of St Swithun and the Great Dalby Conservation Area.