Crosslands Road, Boothstown, Salford, M28 1JH
Salford City Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 28 May 2024
- Authority
- Salford City Council
- Inspector
- Clark J
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Outline
- Development type
- Minor Dwellings
- Appellant
- Mr Stuart Braoadbent
- LPA reference
- 22/80713/OUT
- ONS LPA code
- E08000006
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 5 February 2024
Summary AI
Costs application refused due to lack of unreasonable behavior by the Council, which would have resulted in unnecessary expense for the applicant.
PDF text
Crosslands Road, Boothstown, Salford, M28 1JH — Salford City Council — Costs Decision Site visit made on 5 April 2024 by J D Clark BA (Hons) DpTRP MCD DMS MRTPI an Inspector appointed by the Secretary of State Decision date: 28 May 2024 Costs application in relation to Appeal Ref: APP/U4230/W/23/3327816 at Crosslands Road, Boothstown, Salford M28 1JH • 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 Stuart Broadbent for a full award of costs against the Council of the City of Salford. • The appeal was against the refusal of outline planning permission for access to the site to allow 1 no new build 3 bed dormer bungalow dwelling. Decision 1. The application for an award of costs is refused. Reasons 2. Parties in planning appeals normally meet their own expenses. 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.
Crosslands Road, Boothstown, Salford, M28 1JH — Salford City Council — Costs Decision The applicant considers that the reasons for refusal are unreasonable as they relate to matters that would be addressed at the reserved matters stage and the principle of development is established. He considers that the refusal of the application has resulted in an unnecessary appeal submission and costs being incurred. 4. The application followed a previous planning application and pre-application advice. The application required an exercise of planning judgement. Whilst the illustrative plans are not part of the formal proposal and there may be alternative ways of developing the site, they are useful in assessing how the site could be developed. 5. My decision sets out the reasons why I have found in favour of the Council in relation to the first and second reasons for refusal but found in favour of the applicant in relation to the third reason for refusal. The Council has provided little evidence to substantiate the third reason for refusal given the outline nature of the proposal. 6. However, given the harm I have found, the Council has not prevented development that should clearly have been permitted, having regard to the development plan, national policy and other material considerations.
Crosslands Road, Boothstown, Salford, M28 1JH — Salford City Council — Costs Decision Furthermore, I am not convinced that the applicant has incurred unnecessary or wasted expense in dealing with this reason for refusal. https://www.gov.uk/planning-inspectorate Costs Decision APP/U4230/W/23/3327816 7. For the reasons set out above, I conclude that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the PPG, has not occurred and an award of costs is not warranted.
Crosslands Road, Boothstown, Salford, M28 1JH — Salford City Council — J D Clark INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Heritage impact Against appellant ¶5
Inspector found in favour of the Council regarding the first and second reasons for refusal, but in favour of the applicant regarding the third reason for refusal.
Living conditions Against appellant ¶6
Inspector found that the Council had not prevented development that should have been permitted, and the applicant had not incurred unnecessary expense due to the third reason for refusal.
Policies relied on
| Reference | Weight |
|---|---|
| Planning Practice Guidance |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 28 May 2024 under the Open Government Licence.