Case 3324108

Lynmouth Holiday Retreat, Manor Farm, Lynton, Devon, EX35 6LD

Exmoor — appeal allowed

Outcome
Allowed
Decision date
8 March 2024
Authority
Exmoor
Inspector
Butcher C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Brean Beach Holiday Parks Limited
LPA reference
62/41/22/001
ONS LPA code
E26000002
Jurisdiction
Transferred
Link status
Not Linked
Start date
6 October 2023

Summary AI

The inspector refused the costs application, citing that the council was not unreasonable in refusing the planning application, even though the inspector ultimately allowed the appeal.

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

PDF text

Page 1 · Chunk 0 Costs Decision

Lynmouth Holiday Retreat, Manor Farm, Lynton, Devon, EX35 6LD — Exmoor — Costs Decision Site visit made on 15 February 2024 by C Butcher BSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 08 March 2024 Costs application in relation to Appeal Ref: APP/F9498/W/23/3324108 • 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 David James (Brean Beach Holiday Parks Limited) for a full award of costs against Exmoor National Park Authority. • The appeal was against the refusal of planning permission for the proposed siting of 5 no. timber and canvas glamping safari tents, permeable parking/turning area with 6 no. parking bays, with a double EV charging point, recycling/waste facilities, associated footpaths, landscaping, composting toilets and an underground water treatment plant for drainage treatment. Lynmouth Holiday Retreat, Manor Farm, Lynton, Devon EX35 6LD 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

Lynmouth Holiday Retreat, Manor Farm, Lynton, Devon, EX35 6LD — Exmoor — 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 committee is not bound by officer advice. 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 proposal would lead to harm. 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

Lynmouth Holiday Retreat, Manor Farm, Lynton, Devon, EX35 6LD — Exmoor — 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

Affordable housing
Against appellant
¶3

The council was not bound by officer advice, and it was reasonable for them to disagree with the inspector's conclusions.

Affordable housing
For appellant
¶4

Although the inspector allowed the appeal, they found that the council's behaviour was not unreasonable, and so costs were not awarded.

Policies relied on

Reference Weight
Planning Practice Guidance (PPG)
Limited

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 8 March 2024 under the Open Government Licence.