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.
PDF text
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.
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.
Land east of Barkham Manor, Barkham Road, Wokingham, RG41 4TH — Wokingham Borough Council — Stuart Willis INSPECTOR https://www.gov.uk/planning-inspectorate
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
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 30 January 2025 under the Open Government Licence.