Controversial plans to redevelop a Cullercoats pub have been knocked back again on a technicality – but a Government inspector has condemned North Tyneside Council’s “unreasonable” approach to the row.
North East leisure giant Malhotra Plc was refused permission to demolish and redevelop the Sandpiper into 14 flats last year and has now lost an appeal against that ruling.
However, the Planning Inspectorate only denied the appeal because of the absence of a planning obligation document in Malhotra's appeal – with the actual redevelopment plan itself deemed acceptable.
Planning inspector Graham Wraight was critical of North Tyneside Council's decision-making and has ordered the authority to pay the leisure firm’s costs, saying it had caused “unnecessary and wasted expense” by wrongly rejecting the proposals last December.
The plans, which also included a new eatery and shop, generated a public outcry over the potential overshadowing, overlooking, and traffic chaos the flats could allegedly create – with 244 objections on the council's website and a petition with nearly 1,000 signatures.
The council's planning committee sided with residents by a majority, feeling the plans would infringe unacceptably on the lives of neighbours.
The Planning Inspectorate has now had to dismiss Malhotra's appeal because the firm did not attach details of a set of planning obligations that it would abide by if the development went ahead when it made its submission.
Mr Wraight was broadly sympathetic to the proposals and had no real concerns involving overshadowing, overlooking, or traffic and parking. Instead, he criticised North Tyneside Council's decision-making and behaviour
Mr Wraight wrote: "I find that unreasonable behaviour has occurred with regard to the reasons why the planning application was refused.
"This has resulted in unnecessary and wasted expense being incurred by the applicant by virtue of them having to pursue an appeal. Whilst I have dismissed the appeal, this has been done so solely due to the absence of a planning obligation.
"As it is evident that the council was promoting the need for the planning obligation and the applicant was not disputing its necessity, this is a matter that could have been resolved locally without the need for an appeal."
In response to the dismissal of the appeal, but recouped costs, the chairman of the Malhotra Group Plc, Mr Meenu Malhotra said: "As previously, we are reviewing options to take this site forward."
The Inspectorate's decision has prompted comments from Labour and Conservative councillors, both of whom opposed the plans.
Labour councillor for Cullercoats, Willie Samuel said: "I find the decision of the central Government Planning Inspector quite astonishing. Whilst the appeal against the refusal of planning permission by North Tyneside Council has been dismissed due to paperwork being incorrect, the inspector has criticised the council's decision and has instructed the council to pay Malhotra’s costs.
"I remain opposed to this application and will be writing to Malhotra Plc to ask them not to re-apply to demolish the site. It is the clear view of residents that this site is unsuitable for the proposed structure and the additional traffic it will bring is unwelcome.
"Local councillors will be considering a petition to Malhotra Group to beg them to respect residents’ wishes. Across the political divide locally we agree this is not what residents want. It is upsetting that an arm of central Government can step in and overrule local democracy in this way."
Tory councillor for Tynemouth Lewis Bartoli said: "The Planning Inspectorate's decision to reject the appeal by the Malhotra Group is a victory for the community of Cullercoats. The decision reflects the clear sentiment of the residents but also highlights the need for a critical assessment of the council's handling of the case.
"The outcome of the appeal will undoubtedly bring delight to the residents who have tirelessly fought against the Sandpiper development and, whilst being rejected on technical grounds, is a win for the activists and campaigners who fought determinedly against this development.
"The decision however, raises crucial questions about the handling of this case by North Tyneside Council and highlights potential flaws in the council's approach, necessitating a thorough review of the planning process in this case. The cost implications of this case for the taxpayers cannot be overlooked, and steps should be taken to ensure greater transparency and efficiency in future developments.
"From the outset, the residents of Cullercoats have vehemently opposed the Sandpiper development. Their steadfast determination and unwavering expression of their views have played a pivotal role in safeguarding the interests of the local community and I commend the residents for their active involvement and commitment to preserving the unique character of Cullercoats".
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