Case 3328726

11A Long Lane, LONDON, N3 2PR

London Borough of Barnet — appeal dismissed

Outcome
Dismissed
Decision date
1 February 2024
Authority
London Borough of Barnet
Inspector
Livingstone C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Aron Baum
LPA reference
22/1108/FUL
ONS LPA code
E09000003
Jurisdiction
Transferred
Link status
Not Linked
Start date
5 October 2023

Summary AI

The inspector refused the application for an award of costs against the Council of the London Borough of Barnet, finding that the Council's decision was justified and that there was no unreasonable behaviour.

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

PDF text

Page 1 · Chunk 0 Costs Decision

11A Long Lane, LONDON, N3 2PR — London Borough of Barnet — Costs Decision Site visit made on 19 December 2023 by C Livingstone MA(SocSci) (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 1 February 2024 Costs application in relation to Appeal Ref: APP/N5090/W/23/3328726 11A Long Lane, Finchley, Barnet, London N3 2PR • 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 Aron Baum for a full award of costs against the Council of the London Borough of Barnet. • The appeal was against the refusal of planning permission for the conversion of existing 4 bed maisonette to create 6 room House in Multiple Occupation for up to 6 people. 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

11A Long Lane, LONDON, N3 2PR — London Borough of Barnet — Costs Decision The appellant considers that the Planning Committee did not properly exercise its duty by failing to fully assess the merits of the proposal. It also considers that in determining the application, contrary to the officer recommendation, the Committee did not provide a suitable reason for refusal. 4. While the Council’s Planning Committee refused planning permission against the recommendation of its officer, that does not itself justify an award of costs. The Committee was entitled to reach its own conclusions on the weight to be attached to the points in favour of the proposal and did so on proper planning grounds. Having regard to the evidence provided, including the minutes of the planning committee meeting, I consider that the Council gave clear reasons as to why, in its view, the proposal did not meet the requirements of Policies DM08 and DM09 of DMP Barnet’s Local Plan (Development Management Policies) Development Management Policies (2012) 5. Furthermore, the reason for refusal has been adequately substantiated by the Council in its Statement of Case. Accordingly, I have found that the Council had reasonable concerns about the impact of the proposed development which justified its decision. 6.

Page 1 · Chunk 2 Costs Decision

11A Long Lane, LONDON, N3 2PR — London Borough of Barnet — Costs Decision Therefore, unreasonable behaviour resulting in unnecessary or wasted expense has not occurred and an award of costs is not warranted.

Page 1 · Chunk 3 C Livingstone

11A Long Lane, LONDON, N3 2PR — London Borough of Barnet — C Livingstone INSPECTOR https://www.gov.uk/planning-inspectorate

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

Main issues and findings

Heritage impact
Against appellant
¶5

The inspector found that the Council's reasons for refusal were based on proper planning grounds and were adequately substantiated by the Council's Statement of Case.

Living conditions
Against appellant
¶6

The inspector found that the Council had reasonable concerns about the impact of the proposed development, which justified their decision.

Policies relied on

Reference Weight
DM08 and DM09 of DMP Barnet's Local Plan
Determinative

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 1 February 2024 under the Open Government Licence.