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Quarry developer asks council to pay appeal costs

Katy Lewis/BBC A large open field lying beneath a blue sky with a few clouds. There are trees in the foreground of the picture, both of which do not have any leaves. There are plenty of other trees running down the left and right sides of the field, which is covered in grass.Katy Lewis/BBC
The land near Hatfield used to be a de Havilland airfield and factory, and was later used as a film and TV set

A company hoping to open a quarry is asking a county council to pay its appeal process costs.

Brett Aggregates applied to extract about eight million tonnes of sand and gravel over 32 years at the former Hatfield Aerodrome in Hertfordshire.

Earlier this year Hertfordshire County Council rejected the company's proposal ,and in November a planning inquiry took place after Brett Aggregates appealed.

The council withdrew its objections two months before the inquiry, and said it would "continue to work with Brett to mitigate the extent of their costs where possible".

The Planning Inspectorate's Melvyn Middleton will now consider the planning application, as well as the request for the council to pay the costs.

The secretary of state for housing, communities and local government will determine the outcome of both, based on the inspector's conclusion.

The inquiry also heard from local residents opposed to the development.

Colney Heath Group said the quarry would cause "significant and irreversible harm".

They urged the inspectorate to recommend refusal "to safeguard the environment, the community and the future sustainability of Hertfordshire".

The council said it did not resist "a partial award of costs" limited to evidence related to its own "reason for refusal".

However, it said much of the inquiry was taken up with other evidence, including issues raised by the Colney Heath Group and details given about flood risk, drainage and minerals management.

Katy Lewis/BBC A large open field lying beneath a blue sky with a few clouds. The grass is mostly overgrown and has lost its colour. In the background are trees which appear to have no leaves.Katy Lewis/BBC
Campaigners are urging the Planning Inspectorate to refuse the appeal

Brett Aggregates said it claimed for costs because the refusal of planning permission was "unreasonable".

The company pointed to the council’s inability to find witnesses to support its decision.

It said by the time the council withdrew its objections, the quarrying firm had already appointed witnesses, instructed solicitors and booked three weeks’ accommodation.

It argued that "none of the costs of the appeal would have been incurred but for the council’s decision".

A spokesperson for the council told the Local Democracy Reporting Service: "Due to the council having been unable to secure expert witnesses to represent them at the appeal, the development control committee reluctantly decided to withdraw the reasons for refusal.

"It will be for the planning inspector to determine whether the county council will be liable for Brett’s costs and the county council will continue to work with Brett to mitigate the extent of their costs where possible."

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