Case 3324095

Land West Of Tuthill House, Kelshall Tops, Therfield, Hertfordshire, SG8 9PT

North Hertfordshire District Council — appeal dismissed

Outcome
Dismissed
Decision date
22 February 2024
Authority
North Hertfordshire District Council
Inspector
Boniface M
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr R Du Toit and Mr and Mrs G Bullard
LPA reference
21/03533/FP
ONS LPA code
E07000099
Jurisdiction
Transferred
Link status
Not Linked
Start date
4 October 2023

Summary AI

Costs applications for both applicants were refused as they did not demonstrate unreasonable behaviour resulting in unnecessary or wasted expense.

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

PDF text

Page 1 · Chunk 0 Costs Decisions

Land West Of Tuthill House, Kelshall Tops, Therfield, Hertfordshire, SG8 9PT — North Hertfordshire District Council — Costs Decisions Site visit made on 7 February 2024 by Michael Boniface MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 22 February 2024 APPLICATION A Costs application in relation to Appeal Ref: APP/X1925/W/23/3324095 Land West of Tuthill House, Kelshall Tops, Therfield, Hertfordshire • 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 Lynne Bogie for a full award of costs against North Hertfordshire District Council. • The appeal was against the refusal of planning permission for three detached dwellings (1 x 4-bed, 1 x 5-bed and 1 x 6-bed) with associated infrastructure and landscaping. APPLICATION B Costs application in relation to Appeal Ref: APP/X1925/W/23/3324095 Land West of Tuthill House, Kelshall Tops, Therfield, Hertfordshire • 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 Lynne Bogie for a full award of costs against Quanta Homes 6 Ltd and Mr and Mrs G Bullard.

Page 1 · Chunk 1 Costs Decisions

Land West Of Tuthill House, Kelshall Tops, Therfield, Hertfordshire, SG8 9PT — North Hertfordshire District Council — Costs Decisions • The appeal was against the refusal of planning permission for three detached dwellings (1 x 4-bed, 1 x 5-bed and 1 x 6-bed) with associated infrastructure and landscaping. Decisions 1. Both applications for an award of costs are refused. Reasons 2. Parties in planning appeals and other planning proceedings 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. An application for costs will need to clearly demonstrate how any alleged unreasonable behaviour has resulted in unnecessary or wasted expense. In these cases, the applicant has not explained what expense has been incurred and so there is no basis for any award. I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance, has not been demonstrated.

Page 1 · Chunk 2 Michael Boniface

Land West Of Tuthill House, Kelshall Tops, Therfield, Hertfordshire, SG8 9PT — North Hertfordshire District Council — Michael Boniface 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
For appellant
¶2

The applicant has not explained what expense has been incurred, and therefore there is no basis for an award.

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 22 February 2024 under the Open Government Licence.