Corby MP criticises 'fee chasing' over warehouse error
An MP has told the House of Commons a council is demanding £5,000 in legal fees from residents following a case arising from its own planning error.North Northamptonshire Council failed to consult people living close to the proposed site of a Corby warehouse in 2021, which was then built metres away from gardens.The town's MP, Lee Barron, told MPs that a consultation was carried out in the wrong street and the residents who took the council to court were being pursued for the costs, after their case was dismissed.The Leader of the House called the case "troubling". The council's leader said it was the judge who decided the party who brought the case should pay the fees.
The first time residents realised a giant warehouse was being built next to their homes on Hooke Close was when a 60ft (18.3m) metal frame appeared at the site.They complained to the council and it transpired that the people of Hubble Close, about half-a-mile (750m) from the site, had been sent notices about the development instead of those on Hooke Close. Planning notices had also been placed on the wrong lampposts.An internal review found that the consultation errors meant the decision to grant planning permission did not comply with the law.
One resident, Georgie Wallis, applied for a judicial review of the decision on behalf of herself and neighbours.In December 2024, Mrs Justice Beverley Lang dismissed the application, saying Ms Wallis had not issued it quickly enough.The judge did say, however, that the council's handling of the planning application had "fallen well below the standard to be expected".
Speaking during questions to the Leader of the House, Lucy Powell, on Thursday, Barron (Labour) said: "Now, the council who didn't consult the residents, who consulted the wrong street, who the judge criticised, is pursuing £5,000 in legal costs from the very people it failed."He asked Powell (Labour) whether she agreed that "authorities should be held accountable when serious consultation failures occur and that residents should not be financially penalised as a result of the incompetence of the consultation".She described the Hooke Close case as "troubling" and said she would raise it with ministers.
Ms Wallis told the BBC: "The council have already made a public statement apologising for their errors."I think they should just do the honourable thing, wipe the fees and take accountability."Jamie Hume, who also lives near the warehouse, said residents had agreed that they would share the liability for costs, even though only one of them applied for judicial review.He added that having to pay legal fees was "not fair for trying to hold a public body to account who've admitted wrongdoing".
The leader of the Conservative council, Jason Smithers, said: "The court has adjudicated the resident liable for the sum of £5,000. "In the event that the resident experiences difficulty in discharging this obligation, it shall be her responsibility to petition the court for reconsideration, as this constitutes a judicial pronouncement and not an imposition by the council."Moreover, it is not appropriate for elected members to seek to intervene in a judicial determination."A spokesperson for North Northamptonshire Council said: "Due to the ongoing legal conversations around costs, it's not possible to comment any further at this stage."
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