Wealden resident withdraws court case

It was against council officers and councillors

A Wealden resident who pursued a legal case against the planning department at Wealden District Council, has withdrawn his case mid trial.

Mr Proudfoot, of Rotherfield, issued a legal case about his perceived mistreatment from the council linked to an unsuccessful planning application.

The planning application was to demolish redundant farm buildings and to build four houses. This application was turned down by the council and dismissed by a planning inspector after the claimant appealed the decision. 

The claimant’s legal proceedings alleged that officers and councillors had lied to him, promised that his planning application would be approved and that it would not be determined by the Planning Committee. The case proceeded to trial at Hastings Magistrates Court, but collapsed mid trial when the claimant withdrew his case and had full costs awarded against him. 

Councillor James Partridge, part of the Alliance for Wealden, Liberal Democrat Councillor for Crowborough North and Leader of the Council, said, “The matter involves pre-application discussions and how those translate into submitted planning applications. Whilst early and pre submission discussions are intended to be helpful and guide subsequent development schemes, they are not and cannot, be binding on the council.  

“Whilst certain cases are delegated to officers, it is for the Planning Committee to decide other applications and their view cannot be restricted by agreement in advance. The decision by the Committee on Mr Proudfoot’s case was upheld by an independent planning inspector. We do not accept that a planning permission had been promised.

“We always investigate allegations about mistreatment of residents and businesses seriously. However, where we believe that they are factually incorrect and lack foundation, the council will defend its reputation. Withdrawal of litigation mid trial must mean that the claimant thinks his claim will more than likely fail”.

Details of the council’s pre-application advice service on all planning matters in Wealden can be found by visiting https://www.wealden.gov.uk/planning-and-building-control/planning-advice/