Meteor Ford application recommended for approval at next weeks Planning Committee

The planning application for the former Meteor Ford site at the corner of Oxford Road and St Marys Row is going back to Planning Committee next week on Thursday 3^rd March. The planning application involves the creation of a food retail unit, doctors surgery and sheltered accommodation.

The planning application was previously considered by the Committee on 10^th February where the Committee voted 7-6 in favour of ‘deferring the decision minded to refuse’. In plain English this was informing the Planning Officers to come back with another report providing legal reasons to refuse the planning application.

The planning officers have come back with this report – see http://www.birmingham.gov.uk/democracy/Pages/AgendaDetail.aspx?AgendaID%3d59320 – in which they are re-iterating why the Committee should approve the application. The report also contains the comments by the legal counsel acting on behalf of the applicants.

The Legal Council makes the following points:

1) The applicant will appeal against any refusal

2) If the appeal is found in favour of the applicant they will seek costs against the Council for refusing the application.

3) If costs are awarded against the Council, then a complaint will be made to the Standards Board and the Council Ombudsman for maladministration – I can only assume this would be against the Councillors who vote against the application.

4) The paragraph under the ‘District Auditor’ section is very carefully worded and I would welcome others views. My reading of this paragraph is that it is a veiled warning that the Councillors who vote against the application would be personally financially liable for any costs incurred by the Council in a successful awarding of costs against the Council. However, that’s my reading of this paragraph and would welcome others views.