Case 3350243

Manor Cottage, Shaw Lane, Farnham, KNARESBOROUGH, North Yorkshire, HG5 9JE

North Yorkshire Council — appeal dismissed

Outcome
Dismissed
Decision date
30 June 2025
Authority
North Yorkshire Council
Inspector
Manchester S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr & Mrs Green
LPA reference
ZC24/01156/FUL
Jurisdiction
Transferred
Link status
Not Linked
Start date
29 November 2024

Summary AI

The application for costs was refused as the applicants failed to demonstrate unreasonable behaviour by the Council, which would have justified an award of costs. The appeal was dismissed due to harm and conflict with the development plan and National Planning Policy Framework.

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

PDF text

Page 1 · Chunk 0 Costs Decision

Manor Cottage, Shaw Lane, Farnham, KNARESBOROUGH, North Yorkshire, HG5 9JE — North Yorkshire Council — Costs Decision Site visit made on 15 May 2025 by Sarah Manchester BSc MSc PhD MIEnvSc an Inspector appointed by the Secretary of State Decision date: 30 June 2025 Costs application in relation to Appeal Ref: APP/U2750/W/24/3350243 Manor Cottage, Shaw Lane, Farnham, Knaresborough, North Yorkshire HG5 9JE • 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 and Mrs Green for an award of costs against North Yorkshire Council. • The appeal was against the refusal of planning permission for erection of self-build dwelling, landscaping and associated works and enhancement to the facade of Manor Cottage. 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. In this case, the application form for an award of costs has not been completed.

Page 1 · Chunk 1 Costs Decision

Manor Cottage, Shaw Lane, Farnham, KNARESBOROUGH, North Yorkshire, HG5 9JE — North Yorkshire Council — Costs Decision It does not set out what the applicants think was unreasonable behaviour by the Council that caused them unnecessary or wasted expense in the appeal nor the nature of that expense. 4. The applicants are understandably disappointed with the Council’s decision and exercised their right of appeal accordingly. However, as can be seen from my appeal decision, I found that the proposal would result in harm and conflict with the development plan and the National Planning Policy Framework and I dismissed the appeal. Therefore, the Council did not unreasonably withhold planning permission nor prevent or delay development that should clearly be permitted, having regard to its accordance with the development plan, national policy and any other material considerations. Having reviewed the evidence in the appeal, I am unable to agree that the Council has behaved unreasonably. Conclusion 5. Therefore, I find that, with reference to the PPG, unreasonable behaviour resulting in unnecessary or wasted expense in the appeal process has not been demonstrated. Consequently, an award of costs is not justified in this case and the application is refused.

Page 1 · Chunk 2 Sarah Manchester

Manor Cottage, Shaw Lane, Farnham, KNARESBOROUGH, North Yorkshire, HG5 9JE — North Yorkshire Council — Sarah Manchester INSPECTOR https://www.gov.uk/planning-inspectorate

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

Main issues and findings

Living conditions
Against appellant
¶4

The inspector found that the proposal would result in harm and conflict with the development plan and National Planning Policy Framework, dismissing the appeal.

Living conditions
Against appellant
¶5

The inspector refused the application for costs as the applicants failed to demonstrate unreasonable behaviour by the Council, which would have justified an award of costs.

Policies relied on

Reference Weight
National Planning Policy Framework
Determinative

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 June 2025 under the Open Government Licence.