Case 3321754

76 Croydon Road , Beddington, croydon, CR0 4PD

London Borough of Sutton — appeal allowed

Outcome
Allowed
Decision date
15 December 2023
Authority
London Borough of Sutton
Inspector
Bowden N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Minor Dwellings
Appellant
Mr A Yar
LPA reference
DM2023/00351
ONS LPA code
E09000029
Jurisdiction
Transferred
Link status
Not Linked
Start date
5 September 2023

Summary AI

The application for an award of costs against the Council was refused as unreasonable behaviour by the Council was not demonstrated. The Council acted reasonably in considering the planning application.

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

PDF text

Page 1 · Chunk 0 Costs Decision

76 Croydon Road , Beddington, croydon, CR0 4PD — London Borough of Sutton — Costs Decision Site visit made on 7 November 2023 by Nick Bowden BA(Hons) Dip TP MRTPI an Inspector appointed by the Secretary of State Decision date: 15th December 2023 Costs application in relation to Appeal Ref: APP/P5870/W/23/3321754 76 Croydon Road, Beddington, Sutton CR0 4PD • 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 A Yar for a full award of costs against the Council for the London Borough of Sutton. • The appeal was against the refusal of planning permission for the demolition of a single storey extension and erection of detached house with access to side car parking from Aldwick Road. Decision 1. The application for an award of costs is refused. Reasons 2. Parties in planning appeals normally meet their own expenses. However, the Planning Practice Guidance 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.

Page 1 · Chunk 1 Costs Decision

76 Croydon Road , Beddington, croydon, CR0 4PD — London Borough of Sutton — Costs Decision The appellant considers the Council behaved unreasonably by refusing permission for the scheme without citing any evidence and properly assessing the application. This is not my appreciation of the Council’s position. The Council described the development, considered the context and explained its objections to the scheme in the officer’s report. It referenced policies of the development plan. This was reflected in the decision notice and supported in its appeal statement. 4. The Council declined to accept amended plans whilst considering the application. These plans were submitted late in the application process and did not alter its assessment, as indicated in its appeal statement. Moreover, these plans were not persuasive in my consideration of the appeal which lends further weight to the Council’s view; that they were not determinative. 5. The appellant is entitled to disagree with the Council’s consideration of the application. This, of itself, does not amount to unreasonable behaviour. Conclusion 6. Taking all of the above into account, I find that unreasonable behaviour by the Council resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance, has not been demonstrated.

Page 1 · Chunk 2 Nick Bowden

76 Croydon Road , Beddington, croydon, CR0 4PD — London Borough of Sutton — Nick Bowden INSPECTOR https://www.gov.uk/planning-inspectorate

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

Main issues and findings

Living conditions
For appellant
¶2

The inspector noted that parties normally meet their own expenses, but costs may be awarded if a party behaves unreasonably and causes unnecessary expense.

Living conditions
Against appellant
¶3

The Council's decision was based on proper assessment and reference to development plan policies, contrary to the appellant's claim of unreasonable behaviour.

Living conditions
For appellant
¶4

The Council's refusal to accept amended plans, which did not alter its assessment, was seen as reasonable by the inspector.

Living conditions
Against appellant
¶5

Disagreeing with the Council's consideration of the application does not amount to unreasonable behaviour.

Living conditions
Against appellant
¶6

The inspector found no unreasonable behaviour by the Council resulting in unnecessary expense, contrary to the Planning Practice Guidance.

Policies relied on

Reference Weight
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 15 December 2023 under the Open Government Licence.