Land at Yew Tree Court, Norton Road, Norton, Worcestershire, WR5 2PD

Land at Yew Tree Court, Norton Road, Norton, Worcestershire, WR5 2PD — Wychavon District Council — Costs Decision Site visit made on 29 January 2025 by C Billings BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 24th February 2025 Costs application in relation to Appeal Ref: APP/H1840/W/24/3349752 Yew Tree Court, Norton Road, Norton, Worcester, Worcestershire WR5 2PD • 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 Carl Douglas of CDC Bespoke Properties Limited for a full award of costs against Wychavon District Council. • The appeal was against the refusal to grant subject to conditions planning permission for proposed construction of 2 No. 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.

Land at Yew Tree Court, Norton Road, Norton, Worcestershire, WR5 2PD — Wychavon District Council — Costs Decision The basis of the costs claim is that the Council has failed to substantiate their reason for refusal and acted unreasonably by not taking into account the highway evidence provided by the applicant. 4. During the consideration of the planning application, the Council sought and gained advice from Worcestershire County Council as the Highways Authority (County Highways) about the proposed development. The evidence shows that County Highways in their comments to the Council noted that they had regard to the additional supporting highway information provided, including, but not limited to, the Highway Technical Note and additional plans and data provided by the applicant. Also, the Council officer’s delegated report sets out what was considered in reaching its decision in respect of the proposed access. This included that it is an existing access serving four dwellings and the potential departure of the standards and the introduction of signage. 5. The decision notice sets out the concerns of the Council, including that the proposal would result in the intensification of the access that cannot afford adequate visibility onto a 40mph road.

Land at Yew Tree Court, Norton Road, Norton, Worcestershire, WR5 2PD — Wychavon District Council — Costs Decision Also, it lists under ‘notes to applicant,’ the highway plans and Highway Technical Note 01 that had been considered. In view of such, it is demonstrated that the Council took into account the highway evidence provided by the applicant in reaching its decision and also, it gave appropriate reasons for its decision. 6. While the Council agreed with the advice of County Highways, that the visibility splay should be in accordance with the Design Manual for Roads and Bridges https://www.gov.uk/planning-inspectorate

Land at Yew Tree Court, Norton Road, Norton, Worcestershire, WR5 2PD — Wychavon District Council — Costs Decision Also, it lists under ‘notes to applicant,’ the highway plans and Highway Technical Note 01 that had been considered. In view of such, it is demonstrated that the Council took into account the highway evidence provided by the applicant in reaching its decision and also, it gave appropriate reasons for its decision. 6. While the Council agreed with the advice of County Highways, that the visibility splay should be in accordance with the Design Manual for Roads and Bridges https://www.gov.uk/planning-inspectorate

Land at Yew Tree Court, Norton Road, Norton, Worcestershire, WR5 2PD — Wychavon District Council — Costs Decision Costs Decision APP/H1840/W/24/3349752 (DMRB) standard, as opposed to the Manual for Streets (MfS) requirement. This is not unreasonable, as the Worcester County Council’s adopted design guide entitled Streetscape Design Guide (July 2022) does not preclude the use of the DMRB standards for visibility in certain circumstances. 7. Although it may be unlikely that the third party land, where the DMRB required visibility splay would cross, would be developed, due to its current use and characteristics. It remains, as evidenced, that this land falls outside the applicant’s control and even if it were undeveloped, part of this third party land could have structures erected or vegetation planted on it, that could obstruct the required visibility splay. Therefore, as it is not in the applicant’s ownership, nor highway land, the applicant could not guarantee that such visibility would remain unobstructed. Therefore, the Council’s view on such is not unreasonable. Conclusion 8. In view of the above, I find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the PPG has not been demonstrated, therefore an award of costs is not justified against the Council.

Land at Yew Tree Court, Norton Road, Norton, Worcestershire, WR5 2PD — Wychavon District Council — C Billings INSPECTOR https://www.gov.uk/planning-inspectorate 2