West Country Concrete Products, Enford Works, Shebbear, Devon, EX21 5RY
Torridge District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 27 June 2025
- Authority
- Torridge District Council
- Inspector
- Butcher C
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Outline
- Development type
- Major dwellings
- Appellant
- Mr & Mrs K & FLM Rumsam
- LPA reference
- 1/0125/2015/OUTM
- ONS LPA code
- E07000046
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 24 October 2024
Summary AI
The application for costs against the appellant was refused as no unreasonable behaviour was found.
PDF text
West Country Concrete Products, Enford Works, Shebbear, Devon, EX21 5RY — Torridge District Council — Costs Decision Site visit made on 17 April 2025 by C Butcher BSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 27 June 2025 Costs application in relation to Appeal Ref: APP/W1145/W/24/3351681 Endford Works, Shebbear, Devon EX21 5RY • 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 Torridge District Council for a full award of costs against Mr and Mrs Rumsam. • The appeal was against the refusal of planning permission for 33 residential units with associated landscaping and play space (amended plans). 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 instance, the Council has set out that the appellant acted unreasonably in submitting further detailed viability evidence as part of their appeal statement.
West Country Concrete Products, Enford Works, Shebbear, Devon, EX21 5RY — Torridge District Council — Costs Decision It is the case that late evidence should not routinely be accepted. However, given the length of the appeal process, and the changeable nature of viability information, it is not unreasonable for the appellant to provide an up to date assessment as part of their appeal documents. 4. With this in mind, while I acknowledge the Council’s frustration that they have been obliged to pay for additional support from the District Valuer, I consider that unreasonable behaviour resulting in unnecessary or wasted expense has not occurred and an award of costs is not warranted.
West Country Concrete Products, Enford Works, Shebbear, Devon, EX21 5RY — Torridge District Council — C Butcher INSPECTOR https://www.gov.uk/planning-inspectorate
Main issues and findings
Planning obligations For appellant ¶2
The inspector noted that late evidence should not routinely be accepted, but that it was not unreasonable to provide an up-to-date assessment given the length of the appeal process and the changeable nature of viability information.
Planning obligations For appellant ¶3
The inspector acknowledged the Council's frustration but concluded that unreasonable behaviour resulting in unnecessary or wasted expense had not occurred.
Site constraints from the Casework Database
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 27 June 2025 under the Open Government Licence.