Case 3328655

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.

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

PDF text

Page 1 · Chunk 0 Costs Decision

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.

Page 1 · Chunk 1 Costs Decision

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.

Page 1 · Chunk 2 Costs Decision

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.

Page 1 · Chunk 3 E Worley

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

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

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

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

Source

Decision letter, 1 pages, issued by the Planning Inspectorate on 11 October 2024 under the Open Government Licence.