Goats Hill House, Goats Hill Road, Northam Bideford, Devon, EX39 1AJ

Goats Hill House, Goats Hill Road, Northam Bideford, Devon, EX39 1AJ — Torridge District Council — Costs Decision Site visit made on 23 February 2022 by Matthew Jones BA(Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 4 March 2022 Costs application in relation to Appeal Ref: APP/W1145/W/21/3279537 Goats Hill House, Goats Hill Road, Northam, Bideford EX39 1AJ • The application is made under the Town and Country Planning Act 1990 (the Act), sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5). • The application is made by Torridge District Council for a full award of costs against Mr and Mrs M Jarvis. • The appeal was against the refusal of planning permission for proposed replacement dwelling, to include the demolition of the existing dwelling (affecting a public right of way) without complying with a condition attached to planning permission Ref 1/0639/2020/FUL, dated 5 November 2020. Decision 1. The application is refused. Reasons 2. The Planning Practice Guidance (the PPG) advises that, irrespective of the outcome of an appeal, costs may 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.

Goats Hill House, Goats Hill Road, Northam Bideford, Devon, EX39 1AJ — Torridge District Council — Costs Decision The Council asserts that the appellants acted unreasonably as there are a number of factual inaccuracies in their statement of case and because the appellants’ costs application is speculative. The Council also criticises the way the appellants reacted to previous discussions regarding the appeal site. 4. I found that varying the condition would accord with the development plan. In doing so, I agreed that, given the wording of Policy DM26, and within the context of an appeal to vary a condition, the policy should be interpreted against the original dwelling. However, I do not find the alternative argument that the scheme be assessed against the extant permission to be manifestly unreasonable. It is, after all, an extant permission in its own right. 5. With regard to any perceived difference between ‘landscape impact’ and matters of character and appearance, the Council swiftly addressed this issue in less than a page of its appeal statement, logically without substantive cost. 6. The Council has also referred to costs incurred in response to the appellants’ costs application itself. However, these costs are not relevant as they relate to the costs regime, which is distinct from the entirely separate appeal process. 7.

Goats Hill House, Goats Hill Road, Northam Bideford, Devon, EX39 1AJ — Torridge District Council — Costs Decision The Council considers that previous discussion which took place between the main parties was ignored. However, the appellants cannot be found to have acted unreasonably by submitting a planning application or undertaking their right to make an appeal. Also, that the applicants previously reverted to a https://www.gov.uk/planning-inspectorate Costs Decision APP/W1145/W/21/3279537 smaller scheme to gain planning permission does not convey any form of acceptance that the larger scheme was in conflict with the development plan. 8. I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense in the appeal process, as described in the PPG, has not been demonstrated. An award of costs is not justified.

Goats Hill House, Goats Hill Road, Northam Bideford, Devon, EX39 1AJ — Torridge District Council — Matthew Jones INSPECTOR https://www.gov.uk/planning-inspectorate 2