Case 3289972

Field B, Curland, Somerset, TA3 5SB

Somerset West and Taunton * — appeal dismissed

Outcome
Dismissed
Decision date
30 June 2022
Authority
Somerset West and Taunton *
Inspector
Edwards S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor general industry/storage/warehousing
Appellant
Mr William Allen
Agent
Mitchell Architects
LPA reference
15/21/0004/AGN
ONS LPA code
E07000246
Jurisdiction
Transferred
Link status
Child
Start date
3 February 2022

Summary AI

The applications for an award of costs were refused as the applicant failed to establish unreasonable behaviour or wasted expense by the Council. The applicant was given the opportunity to submit additional information to meet the requirements of the GPDO, and the Council determined the applications within the prescribed timescales.

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

PDF text

Page 1 · Chunk 0 by S Edwards BA MA MRTPI

Field B, Curland, Somerset, TA3 5SB — Somerset West and Taunton * — by S Edwards BA MA MRTPI an Inspector appointed by the Secretary of State Decision date: 30 June 2022

Page 1 · Chunk 1 Field B, Curland, Somerset TA3 5SB

Field B, Curland, Somerset, TA3 5SB — Somerset West and Taunton * — Field B, Curland, Somerset TA3 5SB • 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 William Allen for a full award of costs against Somerset West and Taunton Council. • The appeal was against the refusal to grant approval required under Schedule 2, Part 6, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 for “Application for prior notification for the formation and continuation of an access tract at Field B, Curland”.

Page 1 · Chunk 2 Field B, Curland, Somerset TA3 5SB

Field B, Curland, Somerset, TA3 5SB — Somerset West and Taunton * — Field B, Curland, Somerset TA3 5SB • 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 William Allen for a full award of costs against Somerset West and Taunton Council. • The appeal was against the refusal to grant approval required under Schedule 2, Part 6, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 for “Application for prior notification for the erection of a general purpose agricultural fodder storage building at Field B, Curland”.

Page 1 · Chunk 3 Development) (England) Order 2015 (the GPDO). As reflected by the

Field B, Curland, Somerset, TA3 5SB — Somerset West and Taunton * — Development) (England) Order 2015 (the GPDO). As reflected by the 1 Paragraph: 030 Reference ID: 16-030-20140306. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 Development) (England) Order 2015 (the GPDO). As reflected by the

Field B, Curland, Somerset, TA3 5SB — Somerset West and Taunton * — Development) (England) Order 2015 (the GPDO). As reflected by the 1 Paragraph: 030 Reference ID: 16-030-20140306. https://www.gov.uk/planning-inspectorate Costs Decisions APP/W3330/W/21/3289971, APP/W3330/W/21/3289972 correspondence between the main parties, it is clear that the applicant was given the opportunity to submit additional information to meet the requirements of the GPDO. 5. The Council determined the applications within the prescribed timescales and its submissions clearly outline their concerns in respect of the development proposals, and there is nothing before me suggesting that the Council acted unreasonably as part of the appeal process. 6. For these reasons, I find that unreasonable behaviour or wasted expense, as described in the PPG, has not been established. On this basis, awards of costs are not justified.

Page 2 · Chunk 5 S Edwards

Field B, Curland, Somerset, TA3 5SB — Somerset West and Taunton * — S Edwards INSPECTOR https://www.gov.uk/planning-inspectorate 2

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

Main issues and findings

Living conditions
Against appellant
¶3

The applicant argued that the Council has acted unreasonably in refusing to grant approval for developments which are required to meet the needs of the applicant.

Living conditions
Against appellant
¶4

The applicant was given the opportunity to submit additional information to meet the requirements of the GPDO, and the Council determined the applications within the prescribed timescales.

Living conditions
Against appellant
¶5

The Council determined the applications within the prescribed timescales and its submissions clearly outline their concerns in respect of the development proposals.

Living conditions
For appellant

The applicant failed to establish unreasonable behaviour or wasted expense by the Council.

Policies relied on

Reference Weight
PPG
Moderate

Site constraints from the Casework Database

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

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 30 June 2022 under the Open Government Licence.