Case 3345713

Land east of Barkham Manor, Barkham Road, Wokingham, RG41 4TH

Wokingham Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
30 January 2025
Authority
Wokingham Borough Council
Inspector
Willis S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Mark Douglas
LPA reference
240179
ONS LPA code
E06000041
Jurisdiction
Transferred
Link status
Not Linked
Start date
7 August 2024

Summary AI

The application for an award of costs against Wokingham Borough Council was refused because the Council's refusal of the planning permission was not unreasonable. The decision was based on the conflict with Policy CP2 and the material difference from the previous appeal decision.

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

PDF text

Page 1 · Chunk 0 Costs Decision

Land east of Barkham Manor, Barkham Road, Wokingham, RG41 4TH — Wokingham Borough Council — Costs Decision Site visit made on 7 January 2025 by Stuart Willis BA Hons MSc PGCE MRTPI an Inspector appointed by the Secretary of State Decision date: 30th January 2025 Costs application in relation to Appeal Ref: APP/X0360/W/24/3345713 Land East of Barkham Manor, Barkham Road, Wokingham, RG41 4TH 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 Mark Douglas for a partial award of costs against Wokingham Borough Council. • The appeal was against the refusal of planning permission for erection of 3no. detached dwellings. 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. The Inspector in the previous appeal decision at the site found the location to be appropriate with regard to access to services, facilities and sustainable transport options.

Page 1 · Chunk 1 Costs Decision

Land east of Barkham Manor, Barkham Road, Wokingham, RG41 4TH — Wokingham Borough Council — Costs Decision The Council recognised the comments of the previous Inspector, however they subsequently refused the scheme before me for that same reason. PPG advises that local planning authorities are at risk of an award of costs if they persist in objections to a scheme or elements of a scheme which the Secretary of State or an Inspector has previously indicated to be acceptable. 4. I have also found the scheme to be an appropriate location with regard to accessibility. Notwithstanding this, I did find some conflict with Policy CP2 of the Core Strategy with how accessibility would differ between types of users. This policy and matter are not referred to in the previous appeal decision. Therefore, while the main issue was previously addressed, from the evidence before me, the extent and nature of the case put forward by the Council is materially different. 5. Therefore, unreasonable behaviour resulting in unnecessary or wasted expense has not occurred and an award of costs is not warranted.

Page 1 · Chunk 2 Stuart Willis

Land east of Barkham Manor, Barkham Road, Wokingham, RG41 4TH — Wokingham Borough Council — Stuart Willis INSPECTOR https://www.gov.uk/planning-inspectorate

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

Main issues and findings

Heritage impact
For appellant
¶null

The location was found to be appropriate with regard to access to services, facilities and sustainable transport options.

Living conditions
Against appellant
¶null

The Inspector found some conflict with Policy CP2 of the Core Strategy with how accessibility would differ between types of users.

Policies relied on

Reference Weight
CP2
Moderate

Site constraints from the Casework Database

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

Source

Decision letter, 1 pages, issued by the Planning Inspectorate on 30 January 2025 under the Open Government Licence.