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Letter: Taxpayers Will Have to Pay for Councillors’ Poor Planning Judgement

Published on: 15 Aug, 2012
Updated on: 21 Aug, 2012

From Claude Kauffman

The successful opening of the Asuka Tandoori Restaurant at Merrow Heights, Epsom Road follows 18 months of planning disputes. The final decision was taken by a planning inspector appointed from Bristol who allowed the appeal by Mr F. Noor against Guildford Borough Council’s refusal to grant planning permission. 

The Inspector concluded that the restaurant “would not have a significant adverse effect on the living conditions of the occupants of the flats and would not conflict with the provisions of the Guildford Borough Local Plan 2003”.

In his decision the inspector also mentioned that the Council’s own Head of Environmental Health and Licensing had advised councillors that, even without taking account of the further attenuation provided by the structure of the building, the provisions made would ensure that noise would not be an issue.  Further, that the proposed development would meet the requirements for a high level of odour control, in accord with Defra Guidance on the Control of Odour and Noise from Kitchen Exhaust Systems, January 2005.

The Inspector concluded that as the Council had not provided “realistic and specific evidence about the consequences of the proposed development” and as “the reason for refusal was not substantiated”, and in view of “unreasonable behaviour” on the part of the Council, ”resulting in unnecessary expense” it “has been demonstrated,” that a full award of costs is justified”.

So now the taxpayers of Guildford will have to pick up the bill for the councillors’ poor judgement.

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