Case 3332191

50 Bishops Park Road, Norbury, London, SW16 5TS

London Borough of Croydon — appeal dismissed

Outcome
Dismissed
Decision date
23 August 2024
Authority
London Borough of Croydon
Inspector
Law T
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr and Mrs Kanon
LPA reference
23/03339/FUL
ONS LPA code
E09000008
Jurisdiction
Transferred
Link status
Not Linked
Start date
17 January 2024

Summary AI

The appeal for costs was dismissed as it was not demonstrated that the Council behaved unreasonably, resulting in unnecessary expense 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

50 Bishops Park Road, Norbury, London, SW16 5TS — London Borough of Croydon — Costs Decision Site visit made on 2 July 2024 by Tamsin Law BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 23 August 2024 Costs application in relation to Appeal Ref: APP/L5240/W/23/3332191 50 Bishops Park Road, Norbury, London, SW16 5TS • 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 and Mrs Kanon for a full award of costs against the Council of the London Borough of Croydon. • The appeal was against the refusal of planning permission for 3 x 3 Bed New Build Terrace Dwellings. Decision 1. The application for an award of costs is refused. Reasons 2. Planning Practice Guidance advises that, irrespective of the outcome of the appeal, costs may be awarded against a party who has behaved unreasonably and the unreasonable behaviour has directly caused another party to incur unnecessary or wasted expense in the appeal process. The application for costs asserts that the Council behaved unreasonably by preventing or delaying development which should clearly be permitted, . 3.

Page 1 · Chunk 1 Costs Decision

50 Bishops Park Road, Norbury, London, SW16 5TS — London Borough of Croydon — Costs Decision Whilst I appreciate the outcome of the application will have been a disappointment to the appellants, the Council were not unreasonable in coming to that decision from the information they had available to them. Their concerns are clearly set out in the Officers Report. Furthermore a number of the issues, such as biodiversity, trees, fire safety, were concerns raised at a previous application and appeal and little or no further evidence has been provided to address these matters. Whilst it is evident from the main decision that I have disagreed with the Council’s reasons in relation to overlooking, refuse storage and cycle parking, the Officer Report sets out an assessment of the indicated harm and how this would conflict with relevant adopted planning policies. 4. Accordingly, I do not find that the Council failed to properly evaluate the application or consider the merits of the scheme and therefore the appeal could not have been avoided. I have found that the Council had reasonable concerns about the impact of the proposal which justified its decision. Conclusion 5.

Page 1 · Chunk 2 Costs Decision

50 Bishops Park Road, Norbury, London, SW16 5TS — London Borough of Croydon — Costs Decision I therefore conclude that for the reasons set out above, unreasonable behaviour resulting in unnecessary expense during the appeal process has not https://www.gov.uk/planning-inspectorate - null APP/L5240/W/23/3332191 been demonstrated. For this reason, and having regard to all other matters raised, an award for costs is therefore not justified.

Page 2 · Chunk 3 Tamsin Law

50 Bishops Park Road, Norbury, London, SW16 5TS — London Borough of Croydon — Tamsin Law INSPECTOR https://www.gov.uk/planning-inspectorate - null APP/L5240/W/23/3332191

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

Main issues and findings

Affordable housing
For appellant
¶3

The appellants argued that the Council behaved unreasonably by preventing or delaying development which should clearly be permitted, but the Inspector found that the Council had reasonable concerns about the impact of the proposal.

External appearance
Against appellant
¶3

The Inspector found that the appellants had not provided sufficient evidence to address concerns raised in a previous application and appeal, including fire safety and refuse storage.

External appearance
Against appellant
¶3

The Inspector found that the appellants had not provided sufficient evidence to address concerns raised in a previous application and appeal, including fire safety and refuse storage.

Flood risk
Against appellant
¶3

The Inspector found that the appellants had not provided sufficient evidence to address concerns raised in a previous application and appeal, including flood risk.

Heritage impact
Neutral

The Inspector found that the appellants had not provided sufficient evidence to address concerns raised in a previous application and appeal, including heritage impact.

Living conditions
Against appellant
¶3

The Inspector found that the Council had reasonable concerns about the impact of the proposal, including overlooking and refuse storage.

Parking
Against appellant
¶3

The Inspector found that the Council had reasonable concerns about the impact of the proposal, including cycle parking.

Other
Neutral

No specific issue type was mentioned in the decision.

Policies relied on

Reference Weight
NPPF 208
Moderate
Local Plan D1
Moderate

Site constraints from the Casework Database

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

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 23 August 2024 under the Open Government Licence.