Case 3352399

New Pastures, Husphins Lane, Codsall Wood, Staffordshire, WV8 1RN

South Staffordshire District Council — appeal allowed

Outcome
Allowed
Decision date
22 January 2025
Authority
South Staffordshire District Council
Inspector
Robinson N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr David Jones
LPA reference
24/00445/FUL
ONS LPA code
E07000196
Jurisdiction
Transferred
Link status
Not Linked
Start date
22 October 2024

Summary AI

The costs application made by David Jones was refused. The Inspector found that the Council had presented a suitably substantiated case and that there was no clear evidence of predetermination.

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

PDF text

Page 1 · Chunk 0 Costs Decision

New Pastures, Husphins Lane, Codsall Wood, Staffordshire, WV8 1RN — South Staffordshire District Council — Costs Decision Site visit made on 13 January 2025 by N Robinson BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 22 January 2025 Costs application in relation to Appeal Ref: APP/C3430/W/24/3352399 New Pastures, Husphins Lane, Codsall Wood, Staffordshire WV8 1RN • 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 David Jones for a full award of costs against South Staffordshire District Council. • The appeal was against the refusal of planning permission for 2 timber stables. 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. The applicant states that the Council made the decision to refuse the application prior to the submission of the application.

Page 1 · Chunk 1 Costs Decision

New Pastures, Husphins Lane, Codsall Wood, Staffordshire, WV8 1RN — South Staffordshire District Council — Costs Decision It is stated that this ultimately resulted in the submission of the appeal and costs incurred defending the appeal. In support of this the applicant has provided a copy of an email exchange between the application and the Council prior to the submission of the planning application in which the Council states that “a similar application is likely to be refused”. 4. Notwithstanding my decision in relation to the planning appeal I am satisfied that the Council have presented a suitably substantiated case in support of their decision which went into appropriate detail on why they found that the proposal was inappropriate development in the Green Belt and thus why they considered that the proposal would conflict with those aims of policy GB1 of the Core Strategy and the National Planning Policy Framework. The Council’s decision was based on a recent site visit, the evidence submitted as part of the planning application as well as the relevant planning history. Given this I do not consider that that there is clear evidence of the Council having predetermined the case. Conclusion 5.

Page 1 · Chunk 2 Costs Decision

New Pastures, Husphins Lane, Codsall Wood, Staffordshire, WV8 1RN — South Staffordshire District Council — Costs Decision I find that for the reasons set out above, unreasonable behaviour resulting in unnecessary expense during the appeal process has not been demonstrated.

Page 1 · Chunk 3 N Robinson

New Pastures, Husphins Lane, Codsall Wood, Staffordshire, WV8 1RN — South Staffordshire District Council — N Robinson 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

The applicant stated that the Council made the decision to refuse the application prior to the submission of the application, resulting in the submission of the appeal and costs incurred defending the appeal.

Planning obligations
Against appellant

The Inspector found that the Council presented a suitably substantiated case and that there was no clear evidence of predetermination.

Policies relied on

Reference Weight
National Planning Policy Framework, policy GB1 of the Core Strategy
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 22 January 2025 under the Open Government Licence.