Case 3351681

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.

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

PDF text

Page 1 · Chunk 0 Costs Decision

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.

Page 1 · Chunk 1 Costs Decision

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.

Page 1 · Chunk 2 C Butcher

West Country Concrete Products, Enford Works, Shebbear, Devon, EX21 5RY — Torridge District Council — C Butcher 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
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

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 1 pages, issued by the Planning Inspectorate on 27 June 2025 under the Open Government Licence.