114 Land off Horncastle Road , Louth, Lincolnshire, LN11 9QT
East Lindsey District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 24 May 2022
- Authority
- East Lindsey District Council
- Inspector
- Maund E
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr Joe Ramsden
- Agent
- Lincs Design Consultancy Ltd
- LPA reference
- N/105/01823/21
- ONS LPA code
- E07000137
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 9 March 2022
Summary AI
The costs application was made by Mr Joe Ramsden, but it was refused because the Council did not act unreasonably and the Applicant was not put to unnecessary expense.
PDF text
114 Land off Horncastle Road , Louth, Lincolnshire, LN11 9QT — East Lindsey District Council — Costs Decision Site visit made on 3 May 2022 by Edwin Maund BA (Hons) MSc Dip UP MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 24 MAY 2022 Costs application in relation to Appeal Ref: APP/D2510/W/22/3291656 Land off Horncastle Road Louth Lincolnshire LN11 9QT • 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 Joe Ramsden for a full award of costs against East Lindsey District Council. • The appeal was against the refusal of planning permission for the erection of 2no. detached houses and construction of a vehicular access. Decision 1. The application for an award of costs is refused. Reasons 2. The Planning Practice Guidance (the PPG) advises that parties in planning appeals are normally expected to meet their own expenses. Irrespective of the outcome of the appeal, costs may only be awarded against a party who has behaved unreasonably and thereby causes the party applying for costs to incur unnecessary or wasted expense in the appeal process. 3.
114 Land off Horncastle Road , Louth, Lincolnshire, LN11 9QT — East Lindsey District Council — Costs Decision The application essentially relies on the allegation that the Council has failed to produce evidence to substantiate the reasons for refusal and has relied on vague, generalised or inaccurate assertions. 4. It will be seen from my decision that I agree with the Council and that the reasons for refusal did set out clearly the Council’s case and that those reasons could be substantiated. 5. Consequently, it must follow that I cannot agree that the Council has acted unreasonably in this case. As such there can be no question that the Applicant was put to unnecessary expense. Conclusion 6. I therefore conclude that for the reasons set out above, unreasonable behaviour resulting in unnecessary expense during the appeal process has not been demonstrated. For this reason, and having regard to all other matters raised, an award for costs is therefore not justified.
114 Land off Horncastle Road , Louth, Lincolnshire, LN11 9QT — East Lindsey District Council — Edwin Maund INSPECTOR https://www.gov.uk/planning-inspectorate
Main issues and findings
Planning obligations Against appellant ¶3
The application relied on the Council's alleged failure to produce evidence, but the Inspector agreed that the reasons for refusal were clear and substantiated.
Planning obligations Against appellant ¶4
The Inspector found that the Council did not act unreasonably and the Applicant was not put to unnecessary expense.
Site constraints from the Casework Database
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 24 May 2022 under the Open Government Licence.