SOUTH Lakeland District Council has avoided having to fork out thousands of pounds in costs after losing a planning battle.

In July, Zephyr Investments Ltd, the operators of the Kirkby Moor Wind Farm, won its bid to extend the life of the 26-year-old wind farm following a public inquiry held at the Coronation Hall earlier this year.

But a separate application that Zephyr be awarded partial costs from SLDC has failed.

According to a report to go before SLDC’s planning committee, the award of costs was refused by the inspector as it had not resulted in any ‘unnecessary expense’.

Government-appointed planning inspector Phillip Ware overturned the original refusal by SLDC’s planning committee in December 2017, which means the windfarm can stay until 2027.

The inspector’s report said: “The council’s behaviour was clearly unreasonable in that it initially did not engage with the appellant (Zephyr Investments Ltd) in defining the heritage assets potentially affected by the proposal, and then introduced a new element far too late in the process.”

“However, to qualify for an award of costs, it must be shown that this unreasonable behaviour caused unnecessary expense. There was no unnecessary expense, just a difference to when the expense was incurred.

“I find that unreasonable behaviour leading to unnecessary expense, as described in planning practice guidance, has not been demonstrated and that a partial award of costs is not justified.”

The application by Zephyr was fought by the Kirkby Moor Protectors Group which included a number of local district and county councillors, along with residents.

SLDC refused the application originally on the grounds that the benefits arising from the wind farm did not ‘outweigh’ the continuing harm it caused to the landscape, and that it did not have the support of the local community.