COUNCILLORS are preparing to back a planning scheme that could have already cost them nearly £10,000 in a High Court case.
For the second time, they are defying planning officers' advice to refuse the Green Belt plan to convert stables at Stud Farm, Middlethorpe, York, into a house.
Their earlier decision led to Historic House Hotels Ltd, owners of Middlethorpe Hall, handing City of York Council a £9,943 legal bill. The council disputes the figure, but will have to pay at least part of it.
The hotel owners summoned its lawyers after a planning sub-committee approved the plans against planning officers' advice.
They began legal proceedings for a judicial review and on November 21 last year, a High Court judge quashed the planning decision.
The council is awaiting the outcome of an independent arbitration on how much of the hotel owners' legal and professional advisors' bill they must pay.
But in the meantime, a planning sub-committee again considered the plans and again decided they would approve them.
They deferred a final decision until Thursday, so officers could draw up reasons justifying granting planning permission.
Planning officers are still recommending that the application by JG and JE Knowles and Son be refused.
The site lies in the Green Belt and is near the Middlethorpe Conservation Area.
"Having carefully considered the suggestions made, it has not been possible to produce reasons for justifying approval which would, in your officers' opinion, be robust enough to withstand further challenge under judicial review that they failed to take account of established local and national planning policy considerations," Patrick Sutor, development control officer writes in his report to the committee.
The plan is contrary to the North Yorkshire County Structure Plan and Policies, he adds.
Farmer John Knowles has Stud Farm at Middlethorpe and Stonebridge Farm at Acaster Malbis.
He lives at Acaster Malbis and wants his son Paul, who works part-time, to live at Stud Farm in the stables.
Updated: 10:50 Thursday, July 08, 2004
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