Woodlands Farm West Side, North Littleton, EVESHAM, WR11 8QP

Woodlands Farm West Side, North Littleton, EVESHAM, WR11 8QP — Wychavon District Council — Costs Decision Site visit made on 20 April 2021 by Stuart Willis BA Hons MSc PGCE MRTPI an Inspector appointed by the Secretary of State Decision date: 05 July 2021 Costs application in relation to Appeal Ref: APP/H1840/W/21/3267349 Woodlands Farm, West Side, North Littleton, Evesham, Worcs WR11 8QP • The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5). • The application is made by Mr Daniel, Chris and Lewis Albutt for a full award of costs against Wychavon District Council. • The appeal was against the refusal of planning permission for erection of self-build replacement dwelling for agricultural workers and demolition of existing dwelling for agricultural workers. Decision 1. The application for an award of costs is refused. Reasons 2. The National Planning Practice Guidance (PPG) advises that, irrespective of the outcome of the appeal, costs may only be awarded against a party who has behaved unreasonably and thereby caused the party applying for costs to incur unnecessary or wasted expense in the appeal process. 3.

Woodlands Farm West Side, North Littleton, EVESHAM, WR11 8QP — Wychavon District Council — Costs Decision PPG also provides examples of unreasonable behaviour by local planning authorities which include the failure to produce evidence to substantiate reasons for refusal and making vague, generalised or inaccurate assertions unsupported by objective analysis as well as preventing or delaying development that should have been permitted. 4. The applicant is aggrieved over the time taken by the Council to make the decision and the timing of requests for amendments. The evidence before me indicates that the need for additional flooding and other details were raised at an early stage. Whether these matters were also raised by a third party or not, the Council raised issues that were relevant material planning considerations of the case. 5. The Council advised of their concerns with the scheme during the application process. While not to the applicants’ satisfaction, there was a dialogue prior to the determination of the application and along with additional consultation, this appears to have addressed some of the Council’s original concerns. 6. Had the Council made their decision earlier, the evidence indicates that they would have still refused the application and therefore not avoided the need for the appeal.

Woodlands Farm West Side, North Littleton, EVESHAM, WR11 8QP — Wychavon District Council — Costs Decision The avenue to make an appeal against the failure of the Council to make a decision was open to the applicant had they wished to do so. https://www.gov.uk/planning-inspectorate

Woodlands Farm West Side, North Littleton, EVESHAM, WR11 8QP — Wychavon District Council — Costs Decision The avenue to make an appeal against the failure of the Council to make a decision was open to the applicant had they wished to do so. https://www.gov.uk/planning-inspectorate Costs Decision APP/H1840/W/21/3267349 7. My decision has outlined the reasons why I, as the Council did, disagreed with elements of the supporting information provided by the applicant. A case has been made by the Council that the proposed development would be unacceptable with the issues being relevant considerations of the scheme and related to local and national policy. 8. Concerns over the sharing of information and data protection are outside the scope of this decision. 9. As a result, it follows that I cannot agree that the Council has acted unreasonably in this case in a way that has put the applicant to unnecessary or wasted expense. Conclusion 10. I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance, has not been demonstrated.

Woodlands Farm West Side, North Littleton, EVESHAM, WR11 8QP — Wychavon District Council — Stuart Willis INSPECTOR https://www.gov.uk/planning-inspectorate 2