THE planning committee of a newly formed council will not defend a decision made by the previous authority to refuse a major housing scheme.

Homes England has lodged a government appeal after an application for 370 houses at Harras Moor in Whitehaven was refused by Copeland Council’s planning panel.

Members voted to refuse the application in September 2019, citing road safety fears, and the decision was deferred.

Councillors then went against their own officers’ advice for a second time when they voted against the proposed development in August last year.

Now members of the planning committee on Cumberland Council, which took over services in April, have decided not to defend the decision made by Copeland Council.

At a meeting held on Wednesday, Nick Hayhurst, head of planning and place at Cumberland Council, said: “Planning permission was refused by the former Copeland Council planning panel. It was a members’ decision against officers’ recommendation.

“Members were concerned about the unacceptable impact on highway safety. The reasons for refusal represented members’ views. That wasn’t supported by any professional opinion.

“The Cumbria County Council highways authority raised no objections. Highways England raised no objections.

“When members initially raised their concerns about highways we agreed with members to commission an independent review.

“The scope of that review was agreed with members of the planning panel. That review concluded that the development should not be refused on highways grounds.”

Cumberland Council sought legal advice about how to approach the appeal and a report put before councillors said it would be “unreasonable“ and “inappropriate” for it to attempt to defend the appeal at the forthcoming appeal hearing.

Mr Hayhurst said: “Based on the legal advice we have received, it would be unreasonable to defend the appeal, on the basis that there is no evidence to substantiate the reasons for refusal.”

Councillor Roger Dobson, who represents Corby and Hayton, said: “We are aware that national highways have got no concerns. The highway authority professionals have got no concerns about it.

“We’ve had independent professional people to look at this. My reaction is, why should we want to defend this?”

Members voted unanimously in favour of not defending the appeal.

The appeal hearing is due to take place at the Copeland Centre on Tuesday.