Bolton council will pay £468,000 of taxpayers’ money to a developer after it failed to defend a decision to reject a huge planning application.
In 2022, the council’s planning committee, which is made up of members of different political parties, unanimously turned down a proposal from Peel to develop an area of Hulton Park into a golf resort, which included building an 18-hole championship grade golf course to host the Ryder Cup, a clubhouse, golf academy and a hotel with adjoining spa and conference centre.
The plans also included a residential development of up to 1,036 homes. The scheme is dependent on Bolton being awarded the Ryder Cup in the 2030s. Bolton town hall said the rejection of the plans was due to the impact of the development on congestion; that the golf course would pollute and damage to water courses; and that the development represented inappropriate development in the greenbelt.
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When Peel appealed the rejection of its plans, Bolton council sought legal advice on defending the appeal and were told that their reasons for refusal could not be defended. The council then told the Planning Inspectorate and the appellant that the appeal would not be defended.
Due to the level of public interest in the appeal, the matter continued to be dealt with via a two-day public inquiry which was held at the Holiday Inn in Bolton. Although the council had legal representatives at the hearing, they did not defend the council’s decision.
In October 2022, planning permission for the scheme was granted on appeal by a government inspector. In an unusual move, although Peel did not seek an award of costs, the inspector initiated an award to them which he ordered the council to pay.
In cabinet papers published this week, the extent of that award has been made clear. The report said: “Once an award of costs has been made by the Planning Inspectorate, the appellant is invited to submit details of their costs to the council with a view to reaching agreement as to the amount.
“The appellant provided a schedule of their costs to the council which officers, with the benefit of counsel advice, have analysed. Officers have provisionally agreed the sum of £467,746.61 following negotiations.
“It is now considered that all the items claimed within the schedule are substantiated and that the council should agree to pay the same.” The figure of £468,000 does not include the cost to Bolton council taxpayers of the legal advice the authority received prior and during the public inquiry, including the advice that they had no grounds to defend their decision.
The cabinet report said that the award of costs will be funded from corporate cash reserves held by the council.
