Official Solicitor and partner fail in claim against councils for misfeasance

The High Court has dismissed a misfeasance in public office claim brought by the Official Solicitor and his partner against two councils following the refusal of planning permission for a new house in Kent.

The OS, Alastair Pitblado (who brought the claim in a private capacity), and Catherine Collins had bought a plot of land just outside the village of Acol, near Birchington, for £26,000 in May 2012.

In April 2013 Thanet District Council refused to grant planning permission. This was for two reasons: the site was outside the boundary of the village; and the house would be prominent and harm the character and appearance of the area.

Thanet had consulted Kent County Council, as highways authority, during the planning process.

In August that year the claimants launched a claim against both local authorities for misfeasance in public office. They sought exemplary damages.

Pitblado and Collins went on to win an appeal in July 2014 over the refusal of permission, with the planning inspector concluding that the proposed house was of such an innovative design and would be built to such a high standard that this outweighed the harm it would cause.

Last March the claimants sold the site with the benefit of the planning permission for £110,000. However, they continued with the misfeasance claim.

The councils had decided against applying for summary judgment earlier in the case as they wanted to clear the names of the officers involved.

His Honour Judge Yelton heard the case in the Queen’s Bench Division of the High Court earlier this month.

The claimants alleged that the councils’ actions were “bent” and that they had been “stitched up”.

Dismissing the claim today (19 April), the judge made an indemnity costs order against Pitblado and Collins in favour of the two local authorities.

Thanet District Council was represented by DWF and John de Waal QC of Hardwicke Chambers.  Kent County Council instructed BLM and Jonathan Mitchell. Pitblado and Collins acted in person.

Mark Whittaker, Partner at DWF, said “Serious allegations were made by Mr Pitblado and his partner which brought into question the good name of Thanet Council’s planning department and in particular its former employee Luke Blaskett. We are pleased that the judge found these allegations to be totally without foundation.

“It is disappointing that council ratepayer’s money has been incurred in defending these wholly unmeritorious proceedings but steps will now be taken to ensure that the public purse is reimbursed in accordance with the costs order made against the claimants”.

John de Waal QC said: "The claim against Thanet and Kent was described by the judge as ‘over blown and unsustainable’ and the defendants awarded indemnity costs because of the unreasonable way the litigation was conducted.

"This case demonstrates the perils of lawyers acting for themselves and bringing a misconceived claim without first taking independent and objective advice."