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.
PDF text
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.
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.
Land West Of Tuthill House, Kelshall Tops, Therfield, Hertfordshire, SG8 9PT — North Hertfordshire District Council — Michael Boniface INSPECTOR https://www.gov.uk/planning-inspectorate
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
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 22 February 2024 under the Open Government Licence.