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Barton Hill Drive battle over developer costs order due again at High Court

Swale council has filed High Court papers for a second time appealing a decision to award costs to a developer.

Last month the authority was ordered to pay £3,000 to SW Attwood and Partners.

The site at Barton Hill Drive, Minster, Sheppey
The site at Barton Hill Drive, Minster, Sheppey

It came after Swale refused the firm’s plans for 700 homes at Barton Hill Drive, Minster, Sheppey - a decision which was found to be unsound, and overturned by a government inspector.

The High Court threw out the council’s first appeal over costs in June after it was told it would have to pay the developer £171,000 in appeal costs for "unreasonable behaviour".

A council spokesman said: “As the statutory review we brought against the planning inspector’s decision to award costs against the council was refused we have applied to the High Court to reconsider this decision.

“The oral hearing is scheduled for Tuesday, July 21, and the court order will advise how the court proposes to deal with the costs of the application.

"As such, we won’t know the true cost implications until the matter is finalised.”

SW Attwood and Partners boss, Stephen Attwood, said: “Somewhat disappointingly, the council has sought to renew the application for permission.

“It is odd [the council] would seek to do so given the robust initial refusal by the court.”

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