1, 1A, 1B Camberwell Road, London, SE5 0EZ
London Borough of Southwark — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 11 July 2024
- Authority
- London Borough of Southwark
- Inspector
- Baxter C
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other minor developments
- Appellant
- Mr Erdinc Sisman
- LPA reference
- 23/AP/2406
- ONS LPA code
- E09000028
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 19 March 2024
Summary AI
The appeal was dismissed due to the proposal being contrary to the development plan and existing housing at the appeal site. The applicant's arguments were largely repetitive and did not demonstrate unreasonable behaviour by the Council. As a result, an award of costs was refused.
PDF text
1, 1A, 1B Camberwell Road, London, SE5 0EZ — London Borough of Southwark — Costs Decision Site visit made on 20 May 2024 by Chris Baxter BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 11 July 2024 Costs application in relation to Appeal Ref: APP/A5840/W/23/33332511 1 (A, B and C) Camberwell Road, London SE5 0EZ • 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 Erdinc Sisman for a full award of costs against the Council of the London Borough of Southwark. • The appeal was against the refusal of planning permission for change of use of first, second and third floor from approved residential (C3) to short stay accommodation (sui generis). 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 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.
1, 1A, 1B Camberwell Road, London, SE5 0EZ — London Borough of Southwark — Costs Decision The applicant has largely reiterated arguments detailed in their statement of case relating to Policy P3 of the Southwark Plan and the appeal site not having existing housing. As can be seen in my appeal decision, I have found that there is existing housing at the appeal site and the proposal is contrary to the development plan, so subsequently I have dismissed the appeal. The Council have therefore not acted unreasonably in determining the planning application. 4. Therefore, unreasonable behaviour resulting in unnecessary or wasted expense has not occurred and an award of costs is not warranted.
1, 1A, 1B Camberwell Road, London, SE5 0EZ — London Borough of Southwark — Chris Baxter INSPECTOR https://www.gov.uk/planning-inspectorate
Main issues and findings
Housing land supply Against appellant ¶3
The inspector found that there is existing housing at the appeal site, contrary to the applicant's argument.
Other Against appellant ¶3
The proposal is contrary to the development plan, which is a key factor in the inspector's decision to dismiss the appeal.
Other For appellant ¶4
The applicant's arguments were largely repetitive and did not demonstrate unreasonable behaviour by the Council.
Policies relied on
| Reference | Weight |
|---|---|
| Policy P3 of the Southwark Plan |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 11 July 2024 under the Open Government Licence.