Taxpayers pick up bill for garage row (From Daily Echo)

Taxpayers pick up bill for garage row

5:52pm Monday 1st February 2010 in

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CIVIC leaders are facing a huge legal bill after granting planning permission for two garages – and then attempting to prevent residents from using them.

New Milton Town Council tried to stop Nick Brewer and Paul Mortlock driving across a narrow strip of common land to reach the newly-built garages beside their homes in Meadow Way, Barton-on-Sea.

When the case went to court, Recorder Christopher Sharp QC ruled Mr Brewer and Mr Mortlock could continue to cross the land.

He upheld the council’s claim that the men had trespassed on the strip. However, he ruled that a compromise could have been reached and ordered them to pay only 20 per cent of the council’s costs – estimated to be more than £50,000.

During the three-day hearing it emerged that four councillors had attempted to persuade the authority to drop the case.

It comes less than two years after another Tory-controlled authority, New Forest District Council, was left with a bill of more than £340,000 after losing a High Court case on a 50-50 gamble.

The council attempted to sue TPS after accusing the company of creating slippery and dangerous floors at three sports hall in Hythe, Totton and Ringwood.

However, the judge ruled that the council’s own cleaning methods were responsible for the problem.

As reported in the Daily Echo, the authority had rejected an offer to settle out of court for just £35,000.

The case involving the garages was heard at Bournemouth County Court.

David Harrison, leader of the Liberal Democrat opposition group on the district council, said: “The court’s decision requires New Milton Town Council to pay 80 per cent of the legal costs following a failure to settle a minor dispute.

“The council had previously granted planning permission for the garages.

“However, it had not anticipated that the owners would want to access it via a small strip of land in council ownership.”

Cllr Harrison said he planned to raise the issue at the next meeting of the district council.

He added: “The Tories told us that lessons had been learned following the loss of more than £300,000 on the disastrous ‘slippery floors’ case. However, we now have yet another example where they gambled with – and lost – a large chunk of taxpayers’ money.

“These Tory councillors stumble from one financial disaster to another and we, the tax-paying public, are picking up the bill.”

Alan O’Sullivan, leader of the town council, was unavailable for comment.