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