Case 3319316

Roebuck House, Bancroft Road, Reigate, Surrey, RH2 7RP

Reigate and Banstead Borough Council — appeal allowed

Outcome
Allowed
Decision date
7 March 2024
Authority
Reigate and Banstead Borough Council
Inspector
Butcher C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Roebuck Close Ltd
LPA reference
22/02391/F
ONS LPA code
E07000211
Jurisdiction
Transferred
Link status
Not Linked
Start date
13 September 2023

Summary AI

An application for costs was made by the appellant against the Council, but was refused as no unreasonable behaviour was found.

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

PDF text

Page 1 · Chunk 0 Costs Decision

Roebuck House, Bancroft Road, Reigate, Surrey, RH2 7RP — Reigate and Banstead Borough Council — Costs Decision Site visit made on 1 February 2024 by C Butcher BSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 7 March 2024 Costs application in relation to Appeal Ref: APP/L3625/W/23/3319316 Roebuck House, Bancroft Road, Reigate, Surrey RH2 7RP • 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 Roebuck Close Ltd for a full award of costs against Reigate and Banstead Borough Council. • The appeal was against the refusal of planning permission for the partial infill of the existing undercroft car park to form five new apartments (2 x 2 Bed, 4 Person and 3 x 1 Bed, 2 Person) together with waste and cycle storage, the addition of 8 new balconies at first floor level, the addition of a new front entrance from Roebuck Close to the existing ground floor office unit and the retention of 25 car parking spaces. Decision 1. The application for an award of costs is refused. Reasons 2. Parties in planning appeals normally meet their own expenses.

Page 1 · Chunk 1 Costs Decision

Roebuck House, Bancroft Road, Reigate, Surrey, RH2 7RP — Reigate and Banstead Borough Council — Costs Decision However, the Planning Practice Guidance (PPG) advises that costs may 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. In this instance, the applicant has set out that the Council’s planning committee acted unreasonably in refusing the application contrary to officer advice. However, the relevant development plan policies make it clear that the car parking standards are a guide and can be varied. While I have allowed the appeal, and therefore disagree with the committee’s conclusions, it was not unreasonable for the committee to have determined that, in their view, the shortfall in car parking provision could not be justified. 4. Therefore, unreasonable behaviour resulting in unnecessary or wasted expense has not occurred and an award of costs is not warranted.

Page 1 · Chunk 2 C Butcher

Roebuck House, Bancroft Road, Reigate, Surrey, RH2 7RP — Reigate and Banstead Borough Council — C Butcher INSPECTOR https://www.gov.uk/planning-inspectorate

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

Main issues and findings

Planning obligations
Against appellant
¶2

The Planning Practice Guidance advises that costs may be awarded if a party has behaved unreasonably, but in this case, the Inspector found no evidence of unreasonable behaviour.

Planning obligations
Against appellant
¶3

The Inspector found that the Council's planning committee had acted within their rights in refusing the application, despite the Inspector's own disagreement with their conclusions.

Planning obligations
For appellant
¶4

The Inspector allowed the appeal, but found that the Council's behaviour was not unreasonable and therefore an award of costs was not warranted.

Policies relied on

Reference Weight
Local development plan policies
Moderate

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 7 March 2024 under the Open Government Licence.