Case 3290373

191-193, North Street, Romford, RM1 1DT

London Borough of Havering — appeal dismissed

Outcome
Dismissed
Decision date
15 September 2022
Authority
London Borough of Havering
Inspector
Cowley R
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Minor Dwellings
Appellant
Ms Sadaf Rab
Agent
Mr Rab Ahmed
LPA reference
P1460.21
ONS LPA code
E09000016
Jurisdiction
Transferred
Link status
Not Linked
Start date
17 March 2022

Summary AI

The application for an award of costs against the London Borough of Havering was refused. The inspector found no evidence of unreasonable behaviour by the Council, which would have justified an award of costs.

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

PDF text

Page 1 · Chunk 0 Costs Decision

191-193, North Street, Romford, RM1 1DT — London Borough of Havering — Costs Decision Site visit made on 19 August 2022 by Ryan Cowley MPlan (Hons) MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 15 SEPTEMBER 2022 Costs application in relation to Appeal Ref: APP/B5480/W/22/3290373 191-193 North Street, Romford RM1 1DT • 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 Ms Sadaf Rab for a full award of costs against the London Borough of Havering. • The appeal was against the refusal of planning permission for ‘4 residential units at the rear of 191-193 North Street’. Decision 1. The application for an award of costs is refused. Reasons 2. The Planning Practice Guidance (the PPG) advises that costs may be awarded against a party who has behaved unreasonably where the unreasonable behaviour has directly caused another party to incur unnecessary or wasted expense in the appeal process. 3.

Page 1 · Chunk 1 Costs Decision

191-193, North Street, Romford, RM1 1DT — London Borough of Havering — Costs Decision Examples of unreasonable behaviour by local planning authorities include preventing or delaying development which should clearly be permitted having regard to its accordance with the development plan, national policy and any other material considerations, and not determining similar cases in a consistent manner. 4. The applicant for costs considers the various pre-application and application processes they have engaged in with the Council for this site have taken considerable time, and that the Council’s decision making has been inconsistent. The appellant advises this has resulted in lost rent, increased construction costs and wasted time and money. 5. Only the unnecessary or wasted costs of the appeal itself can be recovered by an award of costs. The reason for refusal is set out clearly in the Council’s decision notice. Further justification is provided in the Officer Report and appeal statement, with reference to relevant national and local planning policy and guidance. 6. Examples of other decisions have been provided by the applicant, which they consider demonstrates inconsistency in the Council’s approach to decision making.

Page 1 · Chunk 2 Costs Decision

191-193, North Street, Romford, RM1 1DT — London Borough of Havering — Costs Decision The full details of each of these are not before me, however from the information provided there would appear to be notable differences to the appeal case. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Costs Decision

191-193, North Street, Romford, RM1 1DT — London Borough of Havering — Costs Decision The full details of each of these are not before me, however from the information provided there would appear to be notable differences to the appeal case. https://www.gov.uk/planning-inspectorate Costs Decision APP/B5480/W/22/3290373 7. Ultimately, each application must be considered on its own merits, and there is no compelling evidence before me that the Council has been inconsistent in its approach to decision making. It will be seen from my decision that I agree with the Council’s judgement in this instance and consider that there were sufficient grounds for refusing planning permission. 8. I therefore cannot agree that the Council has acted unreasonably in respect of this matter. As such there can be no question that the appellant was put to unnecessary or wasted expense as a result. Conclusion 9. I therefore conclude that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the PPG, has not been demonstrated.

Page 2 · Chunk 4 Ryan Cowley

191-193, North Street, Romford, RM1 1DT — London Borough of Havering — Ryan Cowley 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

Planning obligations
Against appellant
¶2

The inspector found no evidence of unreasonable behaviour by the Council, which would have justified an award of costs.

Planning obligations
Against appellant
¶7

The inspector agreed with the Council's judgement that there were sufficient grounds for refusing planning permission.

Policies relied on

Reference Weight
PPG
Unclear

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 15 September 2022 under the Open Government Licence.