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.
PDF text
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.
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.
Lynmouth Holiday Retreat, Manor Farm, Lynton, Devon, EX35 6LD — Exmoor — C Butcher INSPECTOR https://www.gov.uk/planning-inspectorate
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
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 8 March 2024 under the Open Government Licence.