Pinks Hill developer forced into payout after backing out of appeal to build 100 new homes

After being refused outline planning permission for 109 houses in Wallington, Hampshire Vistry Group PLC was set to appeal to the national Planning Inspectorate to try and get the decision for Pinks Hill overturned. The inquiry was set for January 23 but Vistry withdrew the appeal on December 15. Fareham Borough Council said it had incurred ‘considerable’ costs, such as legal advice, consultant costs and wages for its officers and will now get a payout from the developers.

Planning chairman Councillor Nick Walker (Con, Portchester West) announced at a committee (February 14): “We’ve had a little win for a change.”The council refused the application for 109 homes on 13 points such as planners’ belief the proposal failed to protect and enhance biodiversity, the houses would be too near to commercial traffic and industrial uses, especially the Suez waste recycling station, and there was not a good enough travel plan to reduce dependency on car travel. There were a further 47 issues listed by council planners which would have needed satisfying for permission to be granted.

Some 40 per cent of the homes on the estate, between Wallington and the A27 motorway junction, would have been classed as affordable homes, split between first homes, affordable rented and shared ownership. After the appeal was dropped, the council made a formal application to the Planning Inspectorate seeking a full award of costs against the appellant for withdrawing the planning appeal at such a late stage without good reason.

In an official statement, Cllr Walker said “in light of deficiencies in the evidence base”, Vistry was withdrawing the appeal. The statement added: “The council argued the actions of the appellant represented unreasonable behaviour and that the appellant should repay the council’s costs in full in connection with the planning appeal.”

A letter dated January 26 from the Planning Inspectorate agreed with the council and ordered Vistry to pay the council its full appeal costs of £79,120.56. Vistry has declined to comment.