1 Plantation Road, POOLE, BH17 9LL
Bournemouth, Christchurch and Poole — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 11 October 2024
- Authority
- Bournemouth, Christchurch and Poole
- Inspector
- Worley E
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- Mr A Vincent
- LPA reference
- APP/23/00254/F
- ONS LPA code
- E06000058
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 6 February 2024
Summary AI
This decision concerns the costs of an appeal against the refusal of planning permission for a dwelling. The applicant claimed that the council's lack of communication had caused unnecessary expense, but this was not deemed unreasonable.
PDF text
1 Plantation Road, POOLE, BH17 9LL — Bournemouth, Christchurch and Poole — Costs Decision Site visit made on 30 September 2024 by E Worley BA (Hons) Dip EP MRTPI an Inspector appointed by the Secretary of State Decision date: 11 October 2024 Costs application in relation to Appeal Ref: APP/V1260/W/23/3328655 1 Plantation Road, Poole BH17 9LL • 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 A Vincent for a partial award of costs against Bournemouth Christchurch and Poole Council. • The appeal was against the refusal of planning permission for a 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.
1 Plantation Road, POOLE, BH17 9LL — Bournemouth, Christchurch and Poole — Costs Decision The applicant submits that the Council has acted unreasonably in procedural terms having regard to the lack of communication during the determination of the planning application, including not seeking agreement for an extension of time in which to issue a decision. The Council has explained that the delay was partly due to the planning officer being on annual leave, and that it worked proactively with the applicant through the acceptance of amended plans to address concerns raised by the Highway Authority. 4. The PPG sets out that the local planning authority may be at risk of costs if better communication with the applicant would have enabled the appeal to be avoided altogether. I appreciate that the applicant felt frustrated regarding the perceived lack of communication with the Council. However, given that the Council’s decision was a matter of planning judgement, and I am satisfied that the Council’s evidence sufficiently justifies its position, there is no clear evidence to indicate that greater communication with the applicant would have resulted in planning permission being granted and thus the need for the appeal avoided. As such, I cannot agree that the Council has acted unreasonably in this case. Conclusion 5.
1 Plantation Road, POOLE, BH17 9LL — Bournemouth, Christchurch and Poole — Costs Decision For the foregoing reasons I find that unreasonable behaviour resulting in unnecessary or wasted expense has not been incurred by the applicant in the appeal process. Accordingly, the application for an award of costs is refused.
1 Plantation Road, POOLE, BH17 9LL — Bournemouth, Christchurch and Poole — E Worley INSPECTOR https://www.gov.uk/planning-inspectorate - Costs Decision APP/V1260/W/23/3328655
Main issues and findings
Planning obligations For appellant ¶2
The applicant's claim was based on perceived lack of communication between the council and the applicant, but the inspector found that the council's decision was a matter of planning judgement and not unreasonable.
Planning obligations Against appellant ¶3
The applicant felt frustrated due to perceived lack of communication, but the inspector found no clear evidence that better communication would have resulted in planning permission being granted.
Planning obligations For appellant ¶4
The inspector concluded that the council's behaviour was not unreasonable, as the decision was a matter of planning judgement and the council's evidence sufficiently justified its position.
Site constraints from the Casework Database
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 11 October 2024 under the Open Government Licence.