Property developer Fairfax plans to claim costs if it loses Cuck-Stye appeal

Fairax Aquisitions, whose planning application to build 1,450 homes on the edge of Cuckfield was rejected last October, want Mid Sussex District Council – in other words you and me – to pay costs if it loses an appeal hearing about to move into a third week.

Zac Simons KC, acting for Fairfax, made its intention clear during day seven of the hearing in front of govenment-appointed inspector Joanna Gilbert. Costs applications are considered separately from the planning merits of an appeal. Inspectors may award costs where they conclude that a party has acted unreasonably and caused another party to incur unnecessary expense during the planning process.

The high-profile planning appeal being heard at Mid Sussex District Council’s offices in Haywards Heath, has completed its second week. Ms Gilbert last week indicated that she will pass her recommendation to the Secretary of State for Housing, Communites and Local Government, Steve Reed, who will make the final decision.

The hearing has attracted considerable interest from concerned residents and community groups. At the heart of which are implications which would change for ever the character of Cuckfield and neighbouring Ansty.

Throughout the second week, expert witnesses continued to present evidence and face cross-examination on a range of planning matters. Further evidence will be heard before the parties make their closing submissions.