Case 3295498

Pickerings Farm Site, Flag Lane, Penwortham, Lancashire, PR1 9TQ

South Ribble Borough Council — appeal allowed

Outcome
Allowed
Decision date
9 February 2023
Authority
South Ribble Borough Council
Inspector
Hanna P
Procedure
Inquiry
Casework type
Planning Appeal
Type detail
Planning Appeals - Outline
Development type
Major dwellings
Appellant
Taylor Wimpey UK Limited and Homes England
LPA reference
07/2021/00886/ORM
ONS LPA code
E07000126
Jurisdiction
Secretary of State
Link status
Lead
Start date
20 April 2022

Summary AI

The application for a partial award of costs against South Ribble Borough Council was refused due to unreasonable behaviour not being established. The decision was made by Felicity Buchan MP on behalf of the Secretary of State.

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

PDF text

Page 1 · Chunk 0

Pickerings Farm Site, Flag Lane, Penwortham, Lancashire, PR1 9TQ — South Ribble Borough Council 20 November 2023 Our refs: Avison Young APP/F2360/W/22/3295498 Norfolk House APP/F2360/W/22/3295502 7 Norfolk Street MANCHESTER M2 1DW Dear Sir/Madam LOCAL GOVERNMENT ACT 1972 – SECTION 250(5) TOWN AND COUNTRY PLANNING ACT 1990 – SECTIONS 78 AND 320 APPEALS MADE BY TAYLOR WIMPEY AND HOMES ENGLAND PICKERING’S FARM SITE, FLAG LANE, PENWORTHAM, LANCASHIRE PR1 9TP APPLICATION REFS: 07/2021/00886/ORM & 07/2021/00887/ORM APPLICATION FOR AN AWARD OF COSTS 1. I am directed by the Secretary of State to refer to the enclosed letter notifying his decision on the appeals as listed above. 2. This letter deals with your clients’ application (relating to both appeals) for a partial award of costs against South Ribble Borough Council (the Council). The application as submitted and the Council’s response are recorded in the Inspector’s Costs Report, a copy of which is enclosed. 3. In planning inquiries, the parties are normally expected to meet their own expenses, and costs are awarded only on grounds of unreasonable behaviour resulting in unnecessary or wasted expense in the appeal process.

Page 1 · Chunk 1

Pickerings Farm Site, Flag Lane, Penwortham, Lancashire, PR1 9TQ — South Ribble Borough Council The application for costs has been considered in the light of the Planning Practice Guidance, the Inspector’s Costs Report, the parties’ submissions on costs, the inquiry papers and all the relevant circumstances. 4. The Inspector’s conclusions are stated at CR23-38. He recommended that your clients’ application for a partial award of costs be refused. Phil Barber, Decision Officer Email: PCC@levellingup.gov.uk Planning Casework Unit Department for Levelling Up, Housing & Communities 3rd Floor, Fry Building 2 Marsham Street London, SW1P 4DF

Page 1 · Chunk 2

Pickerings Farm Site, Flag Lane, Penwortham, Lancashire, PR1 9TQ — South Ribble Borough Council The application for costs has been considered in the light of the Planning Practice Guidance, the Inspector’s Costs Report, the parties’ submissions on costs, the inquiry papers and all the relevant circumstances. 4. The Inspector’s conclusions are stated at CR23-38. He recommended that your clients’ application for a partial award of costs be refused. Phil Barber, Decision Officer Email: PCC@levellingup.gov.uk Planning Casework Unit Department for Levelling Up, Housing & Communities 3rd Floor, Fry Building 2 Marsham Street London, SW1P 4DF

Page 2 · Chunk 3

Pickerings Farm Site, Flag Lane, Penwortham, Lancashire, PR1 9TQ — South Ribble Borough Council 5. Having considered all the available evidence, and having particular regard to the Planning Practice Guidance, the Secretary of State agrees with the Inspector’s conclusions in his report and accepts his recommendations. Accordingly, he has decided that a partial award of costs against the Council, on grounds of 'unreasonable behaviour', is not justified in the particular circumstances. The application is therefore refused in respect of both appeals. 6. This decision on your application for an award of costs can be challenged under section 288 of the Town and Country Planning Act 1990 if permission of the High Court is granted. The procedure to follow is identical to that for challenging the substantive decision on this case and any such application must be made within six weeks from the day after the date of the Costs decision. 7. A copy of this letter has been sent to the Council. Yours faithfully,

Page 2 · Chunk 4 Philip Barber

Pickerings Farm Site, Flag Lane, Penwortham, Lancashire, PR1 9TQ — South Ribble Borough Council — Philip Barber Decision officer This decision was made by Felicity Buchan MP, Parliamentary Under Secretary of State for Housing and Homelessness on behalf of the Secretary of State, and signed on her behalf 2

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

Main issues and findings

Planning obligations
Against appellant
¶CR23-38

The application for costs was not justified due to unreasonable behaviour not being established.

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 9 February 2023 under the Open Government Licence.