Case 3304156

Loampit Gospel Hall, 2 Undercliff Road, Ladywell, London, SE13 7TT

London Borough of Lewisham — appeal dismissed

Outcome
Dismissed
Decision date
25 November 2022
Authority
London Borough of Lewisham
Inspector
Edginton A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Anthony Uzoh
LPA reference
DC/21/124227
ONS LPA code
E09000023
Jurisdiction
Transferred
Link status
Not Linked
Start date
5 October 2022

Summary AI

The appeal for an award of costs against the London Borough of Lewisham was refused. The inspector found that the Council acted reasonably in assessing the application and that there was no evidence of unnecessary costs incurred by the applicant. The decision was based on the National Planning Practice Guidance and the Development Management Plan.

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

PDF text

Page 1 · Chunk 0 Costs Decision

Loampit Gospel Hall, 2 Undercliff Road, Ladywell, London, SE13 7TT — London Borough of Lewisham — Costs Decision Site visit made on 21 November 2022 by A Edgington BSc (Hons) MA CMLI an Inspector appointed by the Secretary of State Decision date: 25 NOVEMBER 2022 Appeal Ref: APP/C5690/W/22/3304156 Loampit Gospel Hall, 2 Undercliff Road, Ladywell, London, SE13 7TT • 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 Anthony Uzoh for a full award of costs against the London Borough of Lewisham. • The appeal was against the refusal of the Council to grant planning permission for the removal of existing parapets and high-level chimney stacks to address structural issues present. Decision 1. The application for an award of costs is refused. Reasons 2. Paragraph 0301 of the National Planning Practice Guidance (PPG) advises that irrespective of the outcome of the appeal, costs may only be awarded against a party which has behaved unreasonably and thereby caused the party applying for costs to incur unnecessary or wasted expense in the appeal process. 3.

Page 1 · Chunk 1 Costs Decision

Loampit Gospel Hall, 2 Undercliff Road, Ladywell, London, SE13 7TT — London Borough of Lewisham — Costs Decision Paragraph 0512 of the PPG states that awards against appellants may be either procedural in regard to behaviour in relation to completing the appeal process or substantive, which relates to the planning merits of the appeal. 4. The applicant argues that the Council assessed the gospel hall as if it were a dwelling and applied residential policies incorrectly. It is also argued that the Council made its decision in the absence of a design and access statement and did not contact the applicant to investigate viability. 5. Policy 31 of the Development Management Plan, cited in the decision notice, clearly sets out the Council’s expectations in relation to alterations and extensions. The Council found harm in this regard as it is entitled to do, based on its planning judgement. This policy applies to all buildings, irrespective of land use. 6. The applicant advances the argument that weight should have been given to Core Strategy Policy 19. This policy sets out to work with partners to ensure a range of community facilities are provided, protected and enhanced. However, the design and access statement does not mention viability.

Page 1 · Chunk 2 Costs Decision

Loampit Gospel Hall, 2 Undercliff Road, Ladywell, London, SE13 7TT — London Borough of Lewisham — Costs Decision The arguments advanced in favour of the proposals are that the building would be more in keeping with the surrounding context and would address structural issues. As 1 Reference ID: 16-030-20140306 2 Reference ID: 16-051-20140306 https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Costs Decision

Loampit Gospel Hall, 2 Undercliff Road, Ladywell, London, SE13 7TT — London Borough of Lewisham — Costs Decision The arguments advanced in favour of the proposals are that the building would be more in keeping with the surrounding context and would address structural issues. As 1 Reference ID: 16-030-20140306 2 Reference ID: 16-051-20140306 https://www.gov.uk/planning-inspectorate Costs Decision APP/C5690/W/22/3304156 such even if viability and consequently the future sustainability of community facilities had been a material consideration, there would have been no reason for the Council to assess the application on this basis. 7. Paragraph 84 (d) of the National Planning Policy Framework is concerned with supporting the rural economy and so carries no weight. 8. It appears that the design and access statement was not uploaded at application stage. However, the application form refers to structural issues so the Council would have known the reasons for the application in the absence of a design and access statement. 9. In the light of the above I conclude that there is no evidence that the Council has acted unreasonably, and consequently there is no wasted expense at appeal. Conclusion 10. Unreasonable behaviour leading to unnecessary costs at appeal has not been demonstrated. The application for an award of costs is refused.

Page 2 · Chunk 4 A Edgington

Loampit Gospel Hall, 2 Undercliff Road, Ladywell, London, SE13 7TT — London Borough of Lewisham — A Edgington 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
¶2-4

The applicant argued that the Council assessed the gospel hall as if it were a dwelling and applied residential policies incorrectly. However, the inspector found that the Council was entitled to make its decision based on its planning judgement and that Policy 31 of the Development Management Plan applied to all buildings, irrespective of land use.

Planning obligations
Against appellant
¶5

The inspector found that the Council's decision to assess the application on the basis of Policy 31 was reasonable and that the applicant's arguments were not sufficient to outweigh the Council's decision.

Planning obligations
For appellant
¶7

The inspector found that the National Planning Policy Framework, specifically Paragraph 84 (d), carried no weight in this case and that the applicant's arguments were not sufficient to justify an award of costs.

Planning obligations
Against appellant
¶8

The inspector found that the absence of a design and access statement at the application stage did not necessarily mean that the Council had acted unreasonably, as the application form referred to structural issues and the Council would have known the reasons for the application.

Planning obligations
Against appellant
¶10

The inspector concluded that there was no evidence of unreasonable behaviour by the Council, leading to unnecessary costs at appeal, and therefore refused the application for an award of costs.

Policies relied on

Reference Weight
NPPF 208
Limited
Local Plan D1
Limited
Policy 31
Determinative
Core Strategy Policy 19
Moderate
Paragraph 84 (d)
Limited

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 25 November 2022 under the Open Government Licence.