Case 3276692

Stockwell Lane Farm, Stockwell Lane, Wavendon, MILTON KEYNES, MK17 8AB

Milton Keynes Council — appeal allowed

Outcome
Allowed
Decision date
5 January 2022
Authority
Milton Keynes Council
Inspector
Sabu R
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Other
Development type
Other minor developments
Appellant
SPC Carpentry Ltd
Agent
Smith Jenkins Ltd
LPA reference
21/00731/FULMMA
ONS LPA code
E06000042
Jurisdiction
Transferred
Link status
Not Linked
Start date
31 August 2021

Summary AI

An application for costs was made by SPC Carpentry Ltd against Milton Keynes Council. The inspector found that, although the Council behaved unreasonably, this did not lead to unnecessary expense during the appeal process.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Costs Decision

Stockwell Lane Farm, Stockwell Lane, Wavendon, MILTON KEYNES, MK17 8AB — Milton Keynes Council — Costs Decision Site visit made on 7 December 2021 by R Sabu BA(Hons) MA BArch PgDip ARB RIBA an Inspector appointed by the Secretary of State Decision date: 5th January 2022 Costs application in relation to Appeal Ref: APP/Y0435/W/21/3276692 Stockwell Lane Farm, Stockwell Lane, Wavendon, Milton Keynes MK17 8AB • 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 Cheshire of SPC Carpentry Ltd for a full award of costs against Milton Keynes Council. • The appeal was against the failure of the Council to issue a notice of their decision within the prescribed period on an application for erection of 3 dwellings and associated works following the demolition of the existing redundant farm buildings without complying with a condition attached to planning permission Ref 19/01159/FULMMA, dated 2 August 2019. Decision 1. The application for an award of costs is refused. Reasons 2.

Page 1 · Chunk 1 Costs Decision

Stockwell Lane Farm, Stockwell Lane, Wavendon, MILTON KEYNES, MK17 8AB — Milton Keynes Council — Costs Decision The Planning Practice Guidance (PPG) advises that costs may be awarded where a party has behaved unreasonably, and the unreasonable behaviour has directly caused another party to incur unnecessary or wasted expense in the appeal process. 3. While there was on going correspondence between the Council and the Applicant during the course of the application, the Council did not provide the Applicant with comments from the Highway Authority until sometime after those comments had been received by the Council. In addition, the Council did not permit the submission of updated documents. However, even if the Council had provided the information from the Highway Authority in a more timely manner and accepted updated drawings, since the Applicant did not accept the suggested condition provided as part of the Appeal, it is likely that the appeal could not have been avoided in any event. As such, even if the Council did behave unreasonably during the application process, this would not have led to unnecessary expense during the appeal process. Conclusion 4. Consequently, unreasonable behaviour resulting in unnecessary or wasted expense, as described in the PPG, has not been demonstrated.

Page 1 · Chunk 2 Costs Decision

Stockwell Lane Farm, Stockwell Lane, Wavendon, MILTON KEYNES, MK17 8AB — Milton Keynes Council — Costs Decision For this reason, and having regard to all other matters raised, an award for costs is therefore not justified.

Page 1 · Chunk 3 R Sabu

Stockwell Lane Farm, Stockwell Lane, Wavendon, MILTON KEYNES, MK17 8AB — Milton Keynes Council — R Sabu INSPECTOR https://www.gov.uk/planning-inspectorate

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Planning obligations
Against appellant
¶3

The Council's unreasonable behaviour, such as not providing comments from the Highway Authority in a timely manner, did not result in unnecessary expense during the appeal process.

Planning obligations
Against appellant
¶4

The inspector concluded that unreasonable behaviour resulting in unnecessary or wasted expense had not been demonstrated, justifying an award for costs.

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 1 pages, issued by the Planning Inspectorate on 5 January 2022 under the Open Government Licence.