Chapel Lane Farm, Chapel Lane, Finghall, LEYBURN, North Yorkshire, DL8 5LZ

Chapel Lane Farm, Chapel Lane, Finghall, LEYBURN, North Yorkshire, DL8 5LZ — North Yorkshire Council — Costs Decision Site visit made on 25 November 2024 by Louise Crosby MA MRTPI an Inspector appointed by the Secretary of State Decision date: 12th December 2024 Costs application in relation to Appeal Ref: APP/U2750/W/24/3352354 Chapel Lane Farm, Chapel Lane, Finghall, Leyburn, North Yorkshire, DL8 5LZ • 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 Tim Clarkson for a full award of costs against North Yorkshire Council. • The appeal was against the refusal of the Council to grant planning permission for construction of 1no. dwelling. 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. As can be seen from the substantive decision in this case I have dismissed the appeal.

Chapel Lane Farm, Chapel Lane, Finghall, LEYBURN, North Yorkshire, DL8 5LZ — North Yorkshire Council — Costs Decision I note that the Council did not submit an appeal statement, however the planning officers delegated report is detailed and contains appendices with maps and aerial photographs. I did need to prompt the Council to send planning conditions in the event I had been minded to allow the appeal, which in the event were not necessary. This does not in itself represent unreasonable behaviour. 4. The proposal is clearly contrary to local and national planning policy which seeks to protect the countryside from isolated dwellings. I find that the Council have not acted unreasonably in refusing planning permission for the proposal or during the appeal process. 5. The applicant refers to the Council’s conduct at the planning application stage, however the costs regime applies only to the appeal process. There are separate processes to deal with complaints at the planning application stage. 6. Therefore, unreasonable behaviour resulting in unnecessary or wasted expense has not occurred and an award of costs is not warranted.

Chapel Lane Farm, Chapel Lane, Finghall, LEYBURN, North Yorkshire, DL8 5LZ — North Yorkshire Council — Louise Crosby INSPECTOR https://www.gov.uk/planning-inspectorate