Case 3325621

Broomacre Station Road, Chobham, WOKING, GU24 8AZ

Surrey Heath Borough Council — appeal allowed

Outcome
Allowed
Decision date
2 July 2024
Authority
Surrey Heath Borough Council
Inspector
Lawrence R
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Other
Development type
Householder developments
Appellant
Mr Richard Turner
LPA reference
22/1087/PMR
ONS LPA code
E07000214
Jurisdiction
Transferred
Link status
Not Linked
Start date
16 November 2023

Summary AI

The application for costs was refused due to the Council's justified assessment for their decision, despite the Inspector not sharing their conclusions. The Inspector found that the Council had a reasoned assessment for their decision and it was not unreasonable for them to have found otherwise.

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

PDF text

Page 1 · Chunk 0 Costs Decision

Broomacre Station Road, Chobham, WOKING, GU24 8AZ — Surrey Heath Borough Council — Costs Decision Site visit made on 29 February 2024 by R Lawrence MRTPI, BSc (hons), PGDip (TP) an Inspector appointed by the Secretary of State Decision date: 2 July 2024 Costs application in relation to Appeal Ref: APP/D3640/W/23/3325621 Broomacre, Station Road, Chobham, Woking, Surrey GU24 8AZ • 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 Richard Turner for a full award of costs against Surrey Heath Borough Council. • The appeal was against the refusal of planning permission for Erection of a two-storey rear extension, single storey side extension and 3 dormer windows following the conversion of the roofspace to habitable accommodation, partial demolition of the existing property and associated alterations at Broomacre, Station Road, Chobham, Woking, Surrey GU24 8AZ in accordance with the application Ref 22/1087/PMR, without compliance with condition number 3 previously imposed on planning permission Ref 12/0617 dated 26/11/2012. 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

Broomacre Station Road, Chobham, WOKING, GU24 8AZ — Surrey Heath Borough Council — 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. The applicant alleges that the Council has demonstrated unreasonable behaviour due to failing to submit an appeal statement to justify their reasons for refusing the application. 4. The Council’s reasons for refusing the application are set out within the related delegated officer report. The report also identifies the relevant planning history and development plan policies. 5. There is an expectation for the Council to justify each of their reasons for refusal. However, so long as this justification is provided elsewhere, there is no specific requirement for the submission of a statement of case. 6. Additional comments were sought from both parties in respect of the effect of the development on the Green Belt, as, notwithstanding the reason for refusal, the Council’s evidence highlighted this to be a relevant matter for consideration. This request was addressed by the Council within a written statement. 7.

Page 1 · Chunk 2 Costs Decision

Broomacre Station Road, Chobham, WOKING, GU24 8AZ — Surrey Heath Borough Council — Costs Decision Although in my main decision I did not share their conclusions, and consequently allowed the appeal, I am satisfied that the Council have a reasoned assessment for their decision, and it was not unreasonable for them to have found otherwise. https://www.gov.uk/planning-inspectorate Appeal Decision APP/D3640/W/23/3325621 8. Therefore, I do not consider that unreasonable behaviour has been demonstrated within the meaning of the PPG. It follows that the applicant was not put to unnecessary or wasted expense in testing the Council’s findings at appeal. Conclusion 9. In light of the above, unreasonable behaviour resulting in unnecessary or wasted expense has not occurred and an award of costs is not warranted.

Page 2 · Chunk 3 R Lawrence

Broomacre Station Road, Chobham, WOKING, GU24 8AZ — Surrey Heath Borough Council — R Lawrence INSPECTOR https://www.gov.uk/planning-inspectorate 2

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

Main issues and findings

Heritage impact
For appellant
¶6

The Council's evidence highlighted the effect of the development on the Green Belt, which was a relevant matter for consideration. However, the Inspector did not share their conclusions, and instead allowed the appeal.

Living conditions
Against appellant
¶9

The Inspector found that unreasonable behaviour resulting in unnecessary or wasted expense had not occurred, and an award of costs was not warranted.

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 2 July 2024 under the Open Government Licence.