Case 3347100

24 Bargery Road, Catford, Lewisham, London, SE6 2LN

London Borough of Lewisham — appeal allowed

Outcome
Allowed
Decision date
7 April 2025
Authority
London Borough of Lewisham
Inspector
Goldberg V
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Avraham Friedman
LPA reference
DC/23/133301
ONS LPA code
E09000023
Jurisdiction
Transferred
Link status
Not Linked
Start date
1 August 2024

Summary AI

The costs application was made against the Council of the London Borough of Lewisham for the appeal of a planning permission for a rear extension. The application was dismissed as unreasonable behaviour was not demonstrated.

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

PDF text

Page 1 · Chunk 0 Costs Decision

24 Bargery Road, Catford, Lewisham, London, SE6 2LN — London Borough of Lewisham — Costs Decision Site visit made on 18 February 2025 by V Goldberg BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 7th April 2025 Costs application in relation to Appeal Ref: APP/C5690/W/24/3347100 24 Bargery Road, Catford, Lewisham, London, SE6 2LN • 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 Avraham Friedman for a full award of costs against the Council of the London Borough of Lewisham. • The appeal was against the failure of the Council to issue a notice of their decision within the prescribed period on an application for planning permission for the erection of a rear extension. 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

24 Bargery Road, Catford, Lewisham, London, SE6 2LN — London Borough of Lewisham — Costs Decision The applicant has applied for an award of costs on the grounds that the Council mishandled and prolonged the processing of the planning application. The application does not allege unnecessary or wasted expense incurred during the appeal process. 4. Whilst behaviour and actions at the time of the planning application can be taken into account, it has not been demonstrated how the suggested mishandling and prolonging the processing of the planning application has resulted in unnecessary or wasted expense in the appeal process. In addition, the request for amended plans to address consultee comments and the associated delays during the application process, would not amount to unreasonable behaviour. Furthermore, delays arising from requests for accurate drawings, would not be unreasonable given the onus is on the applicant to supply the correct information. As such neither a partial nor full award of costs would be justified. 5. I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance, has not been demonstrated.

Page 1 · Chunk 2 V Goldberg

24 Bargery Road, Catford, Lewisham, London, SE6 2LN — London Borough of Lewisham — V Goldberg INSPECTOR https://www.gov.uk/planning-inspectorate

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

Main issues and findings

Planning obligations
Against appellant
¶2

The applicant must meet their own expenses in the appeal process, unless they can demonstrate unreasonable behaviour by the Council.

Planning obligations
Against appellant
¶4

The applicant did not demonstrate how the Council's mishandling of the planning application resulted in unnecessary or wasted expense in the appeal process.

Planning obligations
Against appellant
¶5

The Council's delays were not unreasonable, as the onus is on the applicant to supply accurate information.

Policies relied on

Reference Weight
Planning Practice Guidance
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 7 April 2025 under the Open Government Licence.