Case 3331933

29A Barnard Road, LONDON, SW11 1QT

London Borough of Wandsworth — appeal allowed

Outcome
Allowed
Decision date
23 April 2024
Authority
London Borough of Wandsworth
Inspector
Robinson N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mrs Janet Comyn
LPA reference
2023/3060
ONS LPA code
E09000032
Jurisdiction
Transferred
Link status
Not Linked
Start date
16 January 2024

Summary AI

The application for costs against the Council was refused, as the applicant failed to demonstrate the Council's unreasonable behaviour during the appeal process.

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

PDF text

Page 1 · Chunk 0 Costs Decision

29A Barnard Road, LONDON, SW11 1QT — London Borough of Wandsworth — Costs Decision Site visit made on 9 April 2024 by N Robinson BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 23rd April 2024 Costs application in relation to Appeal Ref: APP/H5960/W/23/3331933 29A Barnard Road, Wandsworth, London SW11 1QT • 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 Mrs Janet Comyn for a full award of costs against the Council of the London Borough of Wandsworth. • The appeal was against the refusal of planning permission for “flat conversion of existing 3 bedroom flat into 2 self contained flats, incorporating a 'L' shaped mansard roof extension with 3 roof light to the front roof slope.” 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

29A Barnard Road, LONDON, SW11 1QT — London Borough of Wandsworth — Costs Decision The applicant states that the Council failed to consider the relevant policy in full and ignored the supporting text. It is stated that ultimately this led to the refusal of the planning application, thereby necessitating the preparation of the appeal. 4. I have reached a different view to the Council with regards to the effect of the development on the choice of housing stock within the borough. Nonetheless, I am satisfied that the Council have presented a suitably substantiated case in support of their decision which went into appropriate detail on why they found that the appeal property was not unsuitable for family accommodation, and thus why they considered that the proposal would conflict with those aims of Policy LP26 of the Wandsworth Local Plan (2023). Conclusion 5. I therefore conclude that for the reasons set out above, unreasonable behaviour resulting in unnecessary expense during the appeal process has not been demonstrated. For this reason, and having regard to all other matters raised, an award of costs is therefore not justified.

Page 1 · Chunk 2 N Robinson

29A Barnard Road, LONDON, SW11 1QT — London Borough of Wandsworth — N Robinson INSPECTOR https://www.gov.uk/planning-inspectorate

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

Main issues and findings

Housing land supply
Against appellant
¶4

The inspector was satisfied that the Council had presented a suitably substantiated case, despite reaching a different view on the effect of the development on housing stock.

Policies relied on

Reference Weight
Policy LP26 of the Wandsworth Local Plan (2023)
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 23 April 2024 under the Open Government Licence.