A judicial review will be launched into a decision to award costs to a housing developer.

Swale council took the matter to the High Court for the second time yesterday asking a judge to look again at an order to award costs to SW Attwood and Partners.

The firm was granted permission by Government inspector Martin Whitehead to build up to 700 homes at Barton Hill Drive in Minster, Sheppey, in March following an appeal.

In his original summing up Mr Whitehead said SW Attwood and Partners would be able to claim costs for the council's "unreasonable behaviour" during the appeal process.

The sum requested by the developer was £171,000.

Swale council cabinet member for planning, Cllr Mike Baldock (Swale Ind), said: "We had a successful oral hearing regarding our challenge to the Planning Inspectorate's decision to award costs against us following the planning appeal for 700 homes at Barton Hill Drive.

"The judge has granted us permission to pursue our challenge against the award of costs in the High Court, overturning the original refusal of permission last month.

"We wouldn't be pursuing this unless we were optimistic about our chances of success and will now wait for a substantive hearing date where we will be able to fully present our case."

The planning permission for the houses is not being argued in the case.

Last month, the High Court refused to grant the local authority permission to launch the action in an identical hearing.

Mrs Justice Lang told the court in June: "It is unarguable that the Inspector failed to apply the Planning Practice Guidance on costs or made any other public law error.

"He had a broad discretion, and having presided over the inquiry, he was well placed to adjudicate between the competing submissions on costs presented by the parties before him."

A date has not yet been set for the full hearing.

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