Albion Environmental Ltd is delighted to receive costs from East Ayrshire Council to cover the Planning Appeal. A planning appeal was prepared after the facility was recommended for approval by Council officials but refused by the Planning Committee on the grounds that \”the proposed development would have an adverse effect on the area by reason of traffic and odour\” on 6th February 2004.
Malcolm Mahony the enquiry reporter stated in his decision \”as noted in paragraph 4 of SDD circular 6/1990, parties are normally expected to meet their own expenses\”. He later states \”I find that the council refused the application contrary to advice of its planning, environmental health and highway officers, and on grounds unsupported by any external consultee. No substantive evidence to support its view, regarding either odour or highway matters, was produced. Its concerns on the part of residents were not reflected in any objections from third parties or from the local community council. The decision was made in the face of government advice that priority is to be given to developments enabling the recovery of waste for recycling. I would have also expected the council to have taken due note of the appeal decision at Moorfield Industrial Estate before making the decision in this case. That appears not to have happened. I therefore find that the council acted unreasonably\”
He finishes by stating, \”that unreasonable conduct caused your client company unnecessary expense because it was unnecessary for the matter to come before the Scottish Ministers\”.
Albion Environmental Ltd and A Corrie Skip Hire are pleased with the decision we are obviously disappointed that the project is now 6months behind schedule due to this unnecessary delay.