Case 3295098

63 Nottingham Road, Kegworth, DERBY, DE74 2FH

North West Leicestershire District Council — appeal dismissed

Outcome
Dismissed
Decision date
5 September 2022
Authority
North West Leicestershire District Council
Inspector
Watson S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr M Barker-Lane
LPA reference
21/00595/FUL
ONS LPA code
E07000134
Jurisdiction
Transferred
Link status
Not Linked
Start date
8 June 2022

Summary AI

The applicant's request for costs was refused due to the lack of evidence of unreasonable behaviour. The parties are expected to meet their own expenses in planning appeals, unless unreasonable behaviour can be demonstrated.

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

PDF text

Page 1 · Chunk 0 Costs Decision

63 Nottingham Road, Kegworth, DERBY, DE74 2FH — North West Leicestershire District Council — Costs Decision Site visit made on 9 August 2022 by Samuel Watson BA (Hons) MSc MRTPI An Inspector appointed by the Secretary of State Decision date: 5 September 2022 Costs application in relation to Appeal Ref: APP/G2435/W/22/3295098 63 Nottingham Road, Kegworth, Derby DE74 2FH • 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 M Barker-Lane for an award of costs against North West Leicestershire District Council. • The appeal was against the refusal of planning permission for the demolition and erection of five dwellings and associated works. Decision 1. The application for an award of costs is refused. Reasons 2. The Planning Practice Guidance (PPG) makes it clear that parties in planning appeals normally meet their own expenses. All parties are expected to behave reasonably to support an efficient and timely process. Where a party has behaved unreasonably, and this has directly caused another party to incur unnecessary or wasted expense in the appeal process, they may be subject to an award of costs. 3.

Page 1 · Chunk 1 Costs Decision

63 Nottingham Road, Kegworth, DERBY, DE74 2FH — North West Leicestershire District Council — Costs Decision The applicant has indicated that they wish to apply for costs but has not provided any evidence to support their claim. In the absence of any evidence to support this claim, I find that unreasonable behaviour resulting in unnecessary or wasted expense in the appeal process has not been demonstrated. 4. I conclude that an award of costs would not be justified in this case.

Page 1 · Chunk 2 Samuel Watson

63 Nottingham Road, Kegworth, DERBY, DE74 2FH — North West Leicestershire District Council — Samuel Watson INSPECTOR https://www.gov.uk/planning-inspectorate

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

Main issues and findings

Other
For appellant
¶3

The applicant did not provide any evidence to support their claim of unreasonable behaviour.

Other
Against appellant
¶4

The lack of evidence meant that an award of costs was not justified.

Site constraints from the Casework Database

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

Source

Decision letter, 1 pages, issued by the Planning Inspectorate on 5 September 2022 under the Open Government Licence.