Land adjacent to Highfield Business Park , off Cursey Lane, Tewkesbury, Gloucestershire , GL19 4BP

Land adjacent to Highfield Business Park , off Cursey Lane, Tewkesbury, Gloucestershire , GL19 4BP — Tewkesbury Borough Council — Costs Decision Site visit made on 7 September 2021 by Jonathan Edwards BSc(Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 23 September 2021 Costs application in relation to Appeal Ref: APP/G1630/W/21/3275995 Land Adjacent To Highfield Business Park, Off Cursey Lane, Tewkesbury GL19 4BP • 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 Harry Wolton Ltd for a full award of costs against Tewkesbury Borough Council. • The appeal was against the failure of the Council to issue a notice of their decision within the prescribed period on a hybrid application for 1. Full planning permission for the erection of a B2 unit (general industrial) with associated landscaping, access and parking. 2. Outline planning permission (all matters reserved except access) for a mix of B1, B2 and B8 use classes (employment). Decision 1. The application for an award of costs is refused. Reasons 2. The Planning Practice Guidance (PPG) advises that costs may be awarded against a party who has behaved unreasonably and so caused the costs applicant to incur unnecessary expense in the appeal process.

Land adjacent to Highfield Business Park , off Cursey Lane, Tewkesbury, Gloucestershire , GL19 4BP — Tewkesbury Borough Council — Costs Decision This application claims unreasonable behaviour by the Council in terms of (i) delaying development which clearly should have been permitted, (ii) failing to substantiate its objections, and (iii) making vague, generalised assertions about the proposal. 3. Prior to the appeal being lodged, the Council’s planning committee resolved to defer making a determination on the application, pending the findings of the Inspector examining the emerging Tewkesbury Borough Plan on access to the site. It was reasonable for the Council to expect the Inspector to come to a view on the matter as it had suggested changes to emerging policy regarding access to employment development. Indeed, through his main modification letter, the Inspector has proposed amendments to the text of the justification to emerging policy EMP5, albeit not to the policy itself. 4. The reasons for the Council’s delay in determination of the application are clearly recorded in the minutes of its planning committee meeting. In light of the emerging local plan policy context, the decision to not determine the application is understandable.

Land adjacent to Highfield Business Park , off Cursey Lane, Tewkesbury, Gloucestershire , GL19 4BP — Tewkesbury Borough Council — Costs Decision Also, the minutes confirm the committee’s willingness to reconsider the application should the appellant decide to amend the access point. To my mind, this shows that the Council were seeking a solution to its highway safety concerns rather than trying to impede development from taking place. https://www.gov.uk/planning-inspectorate

Land adjacent to Highfield Business Park , off Cursey Lane, Tewkesbury, Gloucestershire , GL19 4BP — Tewkesbury Borough Council — Costs Decision Also, the minutes confirm the committee’s willingness to reconsider the application should the appellant decide to amend the access point. To my mind, this shows that the Council were seeking a solution to its highway safety concerns rather than trying to impede development from taking place. https://www.gov.uk/planning-inspectorate

Land adjacent to Highfield Business Park , off Cursey Lane, Tewkesbury, Gloucestershire , GL19 4BP — Tewkesbury Borough Council — Costs Decision Costs Decision APP/G1630/W/21/3275995 5. The Council’s objections to the scheme do not relate to the development being premature and so the provisions of the National Planning Policy Framework on this issue are of little relevance. The concerns relate to highway safety and whether sufficient information has been submitted that shows safe access would be provided to the development. For the reasons set out in my appeal decision, I share some of the Council’s concerns in these respects. As such, it has not delayed a development which should clearly be permitted. 6. In defending its stance at appeal, the Council has provided its own transport and highways evidence. The fact that this was produced after the planning committee’s resolution to contest the appeal does not affect its validity or appropriateness in assessing the proposal. The evidence highlights a number of specific flaws at the Cursey Lane junction with the A38 as well as shortcomings in the appellant’s transport assessment. As such, the Council has substantiated its objections to the scheme without relying on vague or generalised assertions. 7.

Land adjacent to Highfield Business Park , off Cursey Lane, Tewkesbury, Gloucestershire , GL19 4BP — Tewkesbury Borough Council — Costs Decision The Council’s stance in respect of the appeal has been at odds with the advice of its own officers and those of the local highway authority and Highways England. However, the Council is entitled to form a different view provided there is good reason for doing so. In this case, the transport and highways evidence provides robust support for the Council’s concerns. 8. For these reasons, I conclude that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the PPG, has not been demonstrated. Accordingly, an award of costs is not justified

Land adjacent to Highfield Business Park , off Cursey Lane, Tewkesbury, Gloucestershire , GL19 4BP — Tewkesbury Borough Council — Jonathan Edwards INSPECTOR https://www.gov.uk/planning-inspectorate 2