BURNLEY Council could be facing thousands of pounds worth of costs after a planning decision on a car park was overturned by a government inspector.

Marks and Spencer Printworks in Eastern Avenue, Burnley, which publishes the High Street giant's catalogues, appealed against the authority's refusal to allow a hardstanding area to be used for staff car parking for 12 months.

Burnley planners justified their decision because they said the access would create unacceptable road safety hazards and the parking of cars would unduly harm the amenities of adjoining residents.

But the inspector found it was unlikely there would be any significant road hazard and the limited period of the permission allowed the highway authority to monitor the situation.

The inspector considered there was enough vegetation to screen the area and the houses were sufficiently far away to prevent residents being affected by car headlights. He also considered there would be no more noise and pollution than that already caused by traffic on Eastern Avenue, but he did accept that use of the access and parking at night could be detrimental to the residents.

An application for costs was made by Marks and Spencer on the grounds that the "council had acted unreasonably by refusing planning permission, contrary to the advice given to them by their own officers and the highway authority".

The report says: "The inspector considered that, while there was no requirement for a local planning authority to follow advice given to them, they must show good reason for making a decision that is contrary to that advice."

Because the highway authority was satisfied with proposals, the inspector considered a lack of substantial evidence was used to form the basis for refusal and that was unreasonable. He therefore awarded costs against the council.

The matter will be discussed at tomorrow's development control and highways sub-committee.

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