Case 3350873

The Grenville Hotel, 82-84 Grenville Road, Plymouth, Devon, PL4 9PZ

Plymouth City Council — appeal allowed

Outcome
Allowed
Decision date
20 January 2025
Authority
Plymouth City Council
Inspector
Nicholls H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr A Cotterell
LPA reference
24/00413/FUL
ONS LPA code
E06000026
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 October 2024

Summary AI

The Inspector refused an application for costs against Plymouth City Council, finding that their behaviour was not unreasonable. The Council's decision to decline additional late submissions was deemed necessary to maintain efficiency, transparency, and confidence in the planning process.

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

PDF text

Page 1 · Chunk 0 Costs Decision

The Grenville Hotel, 82-84 Grenville Road, Plymouth, Devon, PL4 9PZ — Plymouth City Council — Costs Decision Site visit made on 13 December 2024 by H Nicholls MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 20 January 2025 Costs application in relation to Appeal Ref: APP/N1160/W/24/3350873 The Grenville Hotel, 82-84 Grenville Road, Plymouth PL4 9PZ • 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 A Cotterell for a full award of costs against Plymouth City Council. • The appeal was against the refusal of planning permission for the development proposed is Change of use from Public House (Sui Generis) to residential apartments (Use Class C3). 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 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. Costs can only be awarded in relation to unnecessary or wasted expense at the appeal, but behaviour and actions at the time of the planning application can be considered.

Page 1 · Chunk 1 Costs Decision

The Grenville Hotel, 82-84 Grenville Road, Plymouth, Devon, PL4 9PZ — Plymouth City Council — Costs Decision 3. The appellant’s case is that the Council failed to take into account relevant material submitted before the issuing of the decision notice. The Council indicated that it has previously accepted additional submissions and was not in a position to leave the process open-ended and continually readvertise on additional material, particularly in respect of an Asset of Community Value application process which is separate to the planning application. 4. It is clear that the appeal application was insufficiently justified in the original submission, and it has taken three attempts to provide sufficient evidence to demonstrate compliance with the development plan. I do not consider that the Council was wrong to set timescales on the determination of the application or decline to take into account additional late submissions. To do so would undermine the efficiency, transparency and confidence in the system that is expected by participants in the process. That I have found in favour of the applicant does not indicate that the appeal was unnecessary or that the Council behaved unreasonably.

Page 1 · Chunk 2 Costs Decision

The Grenville Hotel, 82-84 Grenville Road, Plymouth, Devon, PL4 9PZ — Plymouth City Council — Costs Decision It does point to the fact that all of the necessary evidence has been able to be submitted to me as part of the appeal to be able to comprehensively conclude on the proposal. 5. Therefore, unreasonable behaviour resulting in unnecessary or wasted expense has not occurred and an award of costs is not warranted.

Page 1 · Chunk 3 H Nicholls

The Grenville Hotel, 82-84 Grenville Road, Plymouth, Devon, PL4 9PZ — Plymouth City Council — H Nicholls INSPECTOR https://www.gov.uk/planning-inspectorate

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

Main issues and findings

Other
For appellant
¶3

The appellant argued that the Council failed to consider relevant material, but the Inspector found this was not unreasonable behavior.

Other
For appellant
¶4

The Council's decision to set timescales and decline late submissions was deemed necessary to maintain efficiency and transparency.

Other
For appellant
¶5

The Inspector found that the appeal was not unnecessary and that the Council's behavior was not unreasonable.

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 20 January 2025 under the Open Government Licence.