Boston Borough Council has been forced into a U-turn on a decision to reject planning for 45 dwellings in Kirton after legal advice found the decision to be ‘considerably unsound’ in the event of an appeal.
Councillors on the authorities planning committee voted instead to accept the application from Richard ReedBuilders at their meeting last Tuesday.
The press and public were ousted from the meeting while the councillors took legal advice, however, a report to the council said: “Having taken legal and procedural advice, officers consider that a decision released on this ground could be found considerably unsound in the event of a planning appeal being lodged.
“It must also be aware of the financial risks that might also expose the council to, in the event that the decision was found to be unreasonably taken.”
Councillors originally rejected the application for the development on London Road/Drainside South, Kirton, in April, due to highways concerns.
There had originally been a debate over how many affordable homes the site would contain, with the applicant ‘expressing a desire’ not to provide any during discussions.
Objections had been raised to the development by Kirton Parish Council and several residents.
Having listened to legal advice the councillors passed the application with 10 conditions attached to it.