Land at Edgecombe, 10 Hill Road, Haslemere, GU27 2JN
Waverley Borough Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 19 December 2022
- Authority
- Waverley Borough Council
- Inspector
- Reed D
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr M Longford
- LPA reference
- WA/2020/2062
- ONS LPA code
- E07000216
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 17 August 2022
Summary AI
The inspector found that the council's refusal of the application was reasonable, and the appellant was unable to show that the council behaved unreasonably. This means that the application for costs is refused.
PDF text
Land at Edgecombe, 10 Hill Road, Haslemere, GU27 2JN — Waverley Borough Council — Costs Decision Site visit made on 21 November 2022 by David Reed BSc DipTP DMS MRTPI an Inspector appointed by the Secretary of State Decision date: 19 December 2022 Costs application in relation to Appeal Ref: APP/R3650/W/22/3301852 Land at Edgecombe, 10 Hill Road, Haslemere GU27 2JN • 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 Longford for a full award of costs against Waverley Borough Council. • The appeal was against the refusal of planning permission for the erection of a dwelling together with a new vehicular access off Hill Road and associated works. Decision 1. The application for an award of costs is refused. Reasons 2. Planning Practice Guidance advises that, irrespective of the outcome of the appeal, costs may only be awarded against a party who has behaved unreasonably and thereby caused the party applying for costs to incur unnecessary or wasted expense in the appeal process. 3.
Land at Edgecombe, 10 Hill Road, Haslemere, GU27 2JN — Waverley Borough Council — Costs Decision In this case, the appellant seeks a full award of costs on the basis that the Council acted unreasonably in failing to produce evidence to substantiate the reason for refusal on appeal and failing to follow standard procedure at the meeting of the Western Planning Committee which determined the application contrary to the recommendation of its officers. However, complaints regarding the fairness or propriety of committee proceedings should be addressed to the Council as these are not in themselves pertinent to an award of costs. 4. Dealing with the first issue, a Council is not bound to follow the advice of its officers providing clear reasons for refusal are given and these are supported by substantive evidence at appeal stage. The single reason for refusal in this case was clear and unambiguous and substantive evidence to support it was provided by the Council in its letter and appendices dated 21 September 2022. This was submitted in accordance with the timetable set out in the start letter dated 17 August 2022 and the appellant took the opportunity to respond at final comments stage. 5.
Land at Edgecombe, 10 Hill Road, Haslemere, GU27 2JN — Waverley Borough Council — Costs Decision Clearly at committee councillors were concerned about the architectural style of the proposal, a clear cut albeit subjective matter, and more detailed evidence at that stage could not be expected. Such evidence, whilst relatively brief, was provided later in accordance with the appeal timetable. Although the appellant disagrees with this evidence and may well have been frustrated at the decision at variance with the views of officers, the Council did not behave unreasonably in reaching its decision or in pursuing the matter at appeal. https://www.gov.uk/planning-inspectorate
Land at Edgecombe, 10 Hill Road, Haslemere, GU27 2JN — Waverley Borough Council — Costs Decision Clearly at committee councillors were concerned about the architectural style of the proposal, a clear cut albeit subjective matter, and more detailed evidence at that stage could not be expected. Such evidence, whilst relatively brief, was provided later in accordance with the appeal timetable. Although the appellant disagrees with this evidence and may well have been frustrated at the decision at variance with the views of officers, the Council did not behave unreasonably in reaching its decision or in pursuing the matter at appeal. https://www.gov.uk/planning-inspectorate Costs Decision APP/R3650/W/22/3301852 6. I therefore find that the Council behaved reasonably in refusing the application and unreasonable behaviour resulting in unnecessary or wasted expense, as described in Planning Practice Guidance, has not been demonstrated.
Land at Edgecombe, 10 Hill Road, Haslemere, GU27 2JN — Waverley Borough Council — David Reed INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Living conditions For appellant ¶3
The inspector found that the Council did not behave unreasonably in reaching its decision or in pursuing the matter at appeal.
Living conditions Against appellant ¶5
The inspector found that the Council did provide evidence to support its reason for refusal, and that the appellant was given an opportunity to respond at final comments stage.
Living conditions For appellant ¶6
The inspector found that the Council behaved reasonably in refusing the application, and that the appellant failed to demonstrate unreasonable behaviour.
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 19 December 2022 under the Open Government Licence.