Stumbleholme Farm, Rusper Road, Ifield, West Sussex, RH11 0LQ
Horsham District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 13 June 2025
- Authority
- Horsham District Council
- Inspector
- Wilson D
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Mr William Farmer
- LPA reference
- DC/24/0036
- ONS LPA code
- E07000227
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 11 June 2024
Summary AI
The application for costs against Horsham District Council was refused due to the Council's reasonable behaviour in the appeal process. The Inspector found that the Council's assessment of the proposal was clear and in line with guidance, and that they had not acted unreasonably.
PDF text
Stumbleholme Farm, Rusper Road, Ifield, West Sussex, RH11 0LQ — Horsham District Council — Costs Decision Site visit made on 12 November 2024 by D Wilson BSc (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 13th June 2025 Costs application in relation to Appeal Ref: APP/Z3825/W/24/3341965 Stumbleholme Farm, Rusper Road, Ifield, West Sussex RH11 0LQ • 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 William Farmer for a full award of costs against Horsham District Council. • The appeal was against the refusal of proposed change of use from an agricultural building to 5 dwellings (C3 Use class). 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.
Stumbleholme Farm, Rusper Road, Ifield, West Sussex, RH11 0LQ — Horsham District Council — Costs Decision The appellant’s claim for costs relies on that the Council has ignored their own Class Q as well as government guidance, made vague, generalised or inaccurate assertions about a proposal’s impact, acted inconsistent with many other Class Q permissions that have been granted and not taken account of the actual building that the Hibbitt1 judgement referred to. 4. The Councils officer report is clear in their assessment of the proposal and is in line with guidance. The Councils reason for refusal is clear in that they have found the external dimensions of the building would extend beyond those of the existing building and I have found the same. Whether the building is capable of conversion does not form part of the Council’s reasons for refusal and as such, there is no conflict with the Hibbitt judgement. 5. The Councils assessment on the proposals impact is also clear and while I note some of the buildings the Council have referred to have extant permission to be demolished. These works have not taken place and as such, the Council were correct to consider the impact of the buildings as they existed at the time of their assessment of the application. 6.
Stumbleholme Farm, Rusper Road, Ifield, West Sussex, RH11 0LQ — Horsham District Council — Costs Decision For the reasons given above, unreasonable behaviour resulting in unnecessary or wasted expense has occurred and a full award of costs has not been demonstrated.
Stumbleholme Farm, Rusper Road, Ifield, West Sussex, RH11 0LQ — Horsham District Council — D Wilson INSPECTOR 1 Hibbitt v SSCLG [2016] EWHC 2853 https://www.gov.uk/planning-inspectorate
Main issues and findings
Affordable housing Against appellant ¶3
The appellant's claim for costs relied on the Council ignoring their own Class Q, making vague assertions, and acting inconsistently with other Class Q permissions. However, the Inspector found that the Council's assessment was clear and in line with guidance.
Affordable housing Against appellant ¶4
The Inspector found that the Council's reason for refusal was clear and based on the external dimensions of the building, which the Inspector also found to be a valid concern. The Inspector also found that the Council's assessment of the proposal's impact was clear.
Affordable housing Against appellant ¶5
The Inspector noted that some of the buildings referred to by the Council had extant permission to be demolished, but as these works had not taken place, the Council was correct to consider the impact of the buildings as they existed at the time of their assessment.
Policies relied on
| Reference | Weight |
|---|---|
| Hibbitt v SSCLG [2016] EWHC 2853 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 13 June 2025 under the Open Government Licence.