The Bungalow Stevens Drove, Houghton, STOCKBRIDGE, SO20 6LP
Test Valley Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 28 January 2022
- Authority
- Test Valley Borough Council
- Inspector
- Major P
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- Mrs Jacqueline Harvey
- Agent
- JIA Architects
- LPA reference
- 21/00278/FULLS
- ONS LPA code
- E07000093
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 8 November 2021
Summary AI
The costs application by Mrs J Harvey was refused because the Appellant failed to demonstrate unreasonable behaviour by Test Valley Borough Council. The Council's planning decision was deemed to be adequately explained and justified.
PDF text
The Bungalow Stevens Drove, Houghton, STOCKBRIDGE, SO20 6LP — Test Valley Borough Council — Costs Decision Site visit made on 18 January 2022 by Philip Major BA(Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 28th January 2022 Costs application in relation to Appeal Ref: APP/C1760/W/21/3276762 The Bungalow, Stevens Drove, Houghton, Stocksbridge SO20 6LP • 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 Mrs J Harvey for a full award of costs against Test Valley Borough Council. • The appeal was against the refusal of planning permission for the demolition of an existing bungalow, garage and shed. Sub-division of the existing site into two plots to create two four bedroom houses each with three off-road parking spaces. Forming of new access drive to serve one of the houses. Decision 1. The application for an award of costs is refused. Reasons 2. Planning Practice Guidance 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 expense in the appeal process. 3.
The Bungalow Stevens Drove, Houghton, STOCKBRIDGE, SO20 6LP — Test Valley Borough Council — Costs Decision The Appellant’s costs application is extremely brief, indicating only that it is considered that the Council’s planning decision was not logical in relation to previous decisions on this site. 4. In response the Council has accurately pointed out that the costs regime is a 2 stage process. The first is to assess whether unreasonable behaviour has occurred, and if so whether that behaviour resulted in unnecessary or wasted expense. 5. In this case the Council has clearly and adequately explained its position in relation to all the principal matters at issue. I have no reason to find that in its dealings with this appeal it has behaved in any way unreasonably, and the Appellant has not identified any areas where unreasonable behaviour is alleged. I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance, has not been demonstrated.
The Bungalow Stevens Drove, Houghton, STOCKBRIDGE, SO20 6LP — Test Valley Borough Council — Philip Major Inspector https://www.gov.uk/planning-inspectorate
Main issues and findings
Other For appellant
The Appellant's costs application was deemed too brief to be considered valid.
Site constraints from the Casework Database
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 28 January 2022 under the Open Government Licence.