Blow for Banbury taxpayers as Cherwell District Council pays out £400,000 to Oxford college for planning delays

The council paid out £401,769.74 and Oxfordshire County Council (OCC) a further £145,500 following an appeal to the Planning Inspectorate by Merton College, Oxford.

The college had put a planning application in to CDC in 2021 for consent to build up to 540 houses in Yarnton – part of thousands of homes Cherwell was obliged to see built to help Oxford’s unmet housing need.

In 2023, the application had not been decided and Merton went to appeal. Following a negotiated settlement, the costs – for agents, advisors, solicitors, barristers, witnesses and the inquiry – were handed over last November.

A Cherwell householder, writing to the Banbury Guardian, said: “The fault must lie with the relevant councillors and/or the planning department.

"Someone should go. Most of us would expect the chief planning officer to step down (without a substantial payout), and perhaps the CEO should be questioned on why he was not aware of the delay and if he was, why he did not take action. In a large private organisation, his position would be in doubt.

“I find it unlikely that Merton College, having submitted the planning request in 2021, did not chase the request up on more than a few occasions before they appealed in 2023."

A CDC spokesperson said: “An appeal for non-determination can be made where consideration of an application for planning permission has extended beyond the nationally prescribed period and the applicant has not agreed to an extension of time. By not agreeing to an extension an applicant protects its right to appeal for non-determination.

“In this case, officers at the district and county councils were seeking to resolve outstanding planning matters at the time that the applicant decided to lodge an appeal.

“A thorough examination of the case has been undertaken. An internal management action plan has been prepared to address the findings of that examination for immediate implementation.”

The Planning Inspector said the council had delayed development that ‘should clearly have been permitted’.

OCC was said to have behaved ‘unreasonably’ in requesting a contribution to highway remodelling at the Pear Tree Interchange.

The planning inspector cited weaknesses in Cherwell’s application management. An internal review cited reorganisation of planning teams, staff shortages and staff turnover as key factors causing significant delays.

Issues with the management of the application in its first 10 months meant the service’s IT database system was not kept up to date with all documentation, making it difficult for a newly appointed planning officer to determine the case owing to ‘owing to the poor maintenance of the case file’. A strategic spreadsheet had not been maintained. Checklists were not organised or completed consistently.

In the early stages of the Planning Performance Agreement for the application, the council did not deliver to agreed timescales necessitating an extension.

When the council, with OCC, sought to extend for a further time in September 2023, it was refused by Merton who had lost confidence in the ability for their application to be determined favourably.