TAXPAYERS were saved from a £50,000 bill after a council abandoned a planning inquiry it had just a “5 per cent chance of winning”.

An internal investigation has now been launched by Maldon Council after they dropped an enforcement notice appeal on the day of the hearing.

The council had issued an enforcement notice against DW Clark and Sons, based at the Beckingham Business Park in Tolleshunt Major, claiming it had not complied with a planning condition relating to the use of forklift trucks. The condition states no machinery can be operated or industrial processes carried out on the premises at anytime on Sundays and bank holidays.

But on the day of the appeal, it was announced it would not be going ahead, as the council was withdrawing the notice and issuing DW Clark with a certificate of lawful use of forklift trucks.

Had the hearing gone ahead and the council lost, taxpayers would have been forced to pay up to £50,000 in costs.

Robert Long, deputy leader of the council, ordered the investigation to find out what happened.

He said: “I felt the council had been put in a very embarrassing situation, where after months of preparation for the defence of an enforcement notice, it should be thrown out by the barrister at the very last minute.

“He said the case would not be won – there was a 5 per cent chance of winning – so the decision was made correctly to abandon it. But we still want to know why we were put in that position.

“I felt it’s something which members would be alarmed about. There are many questions to be answered, and the public as well as residents in Tolleshunt Major deserve an explanation.”

Mr Long said it is hoped a report from the council’s senior officer will be received “very soon”.