Case 3342763

91 Stanmore Hill, Stanmore, HA7 3DZ

London Borough of Harrow — appeal dismissed

Outcome
Dismissed
Decision date
24 December 2024
Authority
London Borough of Harrow
Inspector
Clark L
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Mohsin Khan
LPA reference
P/1403/23
ONS LPA code
E09000015
Jurisdiction
Transferred
Link status
Not Linked
Start date
2 July 2024

Summary AI

The application for costs was dismissed as the applicant failed to demonstrate that the Council's actions were unreasonable and caused unnecessary or wasted expense in the appeal process.

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

PDF text

Page 1 · Chunk 0 Costs Decision

91 Stanmore Hill, Stanmore, HA7 3DZ — London Borough of Harrow — Costs Decision Site visit made on 28 October 2024 by L Clark BA(HONS) DIPTP MRTPI an Inspector appointed by the Secretary of State Decision date: 24 December 2024 Costs application in relation to Appeal Ref: APP/M5450/W/24/3342763 91 Stanmore Hill, Stanmore, Harrow HA7 3DZ • 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 Mohsin Khan for a full award of costs against the Council of the London Borough of Harrow. • The appeal was against the refusal of planning permission for change of use from retail (Class E) to café/restaurant (Class E) with single storey rear extension & extraction flue. Following demolition of 5 No. of storage units and conservatory. 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

91 Stanmore Hill, Stanmore, HA7 3DZ — London Borough of Harrow — Costs Decision The applicant contends that the Council acted unreasonably in its assessment of their application and states their claim relates to sub-consultant fees for reports to support their planning application. 4. From the evidence before me, a Heritage Statement which included a design and access statement; and specific extract details and a maintenance schedule with regard to the extract system, were submitted in support of the planning application. The Council contend that given the site-specific location of No 91, these were requirements to undertake its assessment. Based on the evidence I consider this to be reasonable. 5. On the basis that the applicant did not submit a site-specific noise report in support of the appeal to address the Council’s concerns, and he succinctly set out his case, I have no evidence to demonstrate that any unnecessary or wasted expense has occurred. 6. Whilst the period between the submission, validation and subsequent determination of the planning application was no doubt frustrating, the Council was in communication with the appellant. Having regard to my decision, I have no evidence to suggest that the Council prevented or delayed development which should clearly be permitted.

Page 1 · Chunk 2 Costs Decision

91 Stanmore Hill, Stanmore, HA7 3DZ — London Borough of Harrow — Costs Decision Having had the application refused, the applicant exercised his right of appeal. 7. As the Council did not act unreasonably, it has not caused the applicant to incur unnecessary or wasted expense in the appeal process. I therefore find https://www.gov.uk/planning-inspectorate Costs Decision APP/M5450/W/24/3342763 that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the PPG, has not been demonstrated. The application for costs is refused.

Page 2 · Chunk 3 L Clark

91 Stanmore Hill, Stanmore, HA7 3DZ — London Borough of Harrow — L Clark INSPECTOR https://www.gov.uk/planning-inspectorate 2

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

Main issues and findings

Flood risk
Against appellant
¶4

The Council's requirement for a Heritage Statement and design and access statement was considered reasonable due to the site-specific location.

Flood risk
Against appellant
¶5

The applicant's failure to submit a site-specific noise report was seen as a lack of evidence to demonstrate unnecessary or wasted expense.

Flood risk
Against appellant
¶6

The Council's communication with the applicant and lack of evidence to suggest delay or prevention of development supported the finding that the Council did not act unreasonably.

Living conditions
Against appellant
¶7

The application for costs was refused as unreasonable behaviour resulting in unnecessary or wasted expense was not demonstrated.

Policies relied on

Reference Weight
PPG
Limited

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 24 December 2024 under the Open Government Licence.