Case 3353741

Sunny Nook Stickenbridge, Perranarworthal, TRURO, TR3 7QW

Cornwall Council — appeal dismissed

Outcome
Dismissed
Decision date
11 June 2025
Authority
Cornwall Council
Inspector
Cresswell C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr & Mrs A Railton
LPA reference
PA24/03756
ONS LPA code
E06000052
Jurisdiction
Transferred
Link status
Not Linked
Start date
11 November 2024

Summary AI

The appeal for costs against Cornwall Council was dismissed. The Council's refusal of planning permission was deemed substantiated, and the appellant's claim of unreasonable behaviour was not supported.

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

PDF text

Page 1 · Chunk 0 Costs Decision

Sunny Nook Stickenbridge, Perranarworthal, TRURO, TR3 7QW — Cornwall Council — Costs Decision Site visit made on 19 May 2025 by C Cresswell BSc (Hons) MA, MBA, MRTPI an Inspector appointed by the Secretary of State Decision date: 11 June 2025 Costs application in relation to Appeal Ref: APP/D0840/W/24/3353741 Sunny Nook Stickenbridge, Perranarworthal, Truro, Cornwall TR3 7QW • 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 & Mrs A Railton for a full award of costs against Cornwall Council. • The appeal was against the refusal of] permission in principle for erection of one dwelling. Decision 1. The application for an award of costs is dismissed. Reasons 2. The appellant says that the Council did not keep to the statutory time limits when determining the original planning application. However, before there was an opportunity for the appellant to lodge an appeal for non-determination, the Council refused the application. It is implied that this was a deliberate attempt by the Council to prevent an appeal being made earlier in the process. 3.

Page 1 · Chunk 1 Costs Decision

Sunny Nook Stickenbridge, Perranarworthal, TRURO, TR3 7QW — Cornwall Council — Costs Decision While these concerns are noted, the PPG1 advises costs may only be awarded when a party has behaved unreasonably and the unreasonable behaviour has directly caused another party to incur unnecessary or wasted expense in the appeal process. The matters raised by the appellant relate to the period during the determination of the planning application rather than the appeal process and so this is not a circumstance where costs may be awarded. 4. Ultimately, an appeal was lodged, even though it was later than anticipated by the appellant. However, this is not a case of the Council having prevented or delayed development which should clearly be permitted. In my view, the Council has substantiated its reasons for refusal in this appeal. 5. My attention has been drawn to a decision by the Council to approve planning permission for a dwelling on another site in Stickenbridge (which appears to have been approved against officer recommendations). However, this does not necessarily set a precedent. In the current appeal, the Council explain in detail why it does not consider the proposal to be acceptable in terms of landscape harm and ‘rounding off’.

Page 1 · Chunk 2 Costs Decision

Sunny Nook Stickenbridge, Perranarworthal, TRURO, TR3 7QW — Cornwall Council — Costs Decision While I took a different view from the Council on these matters, it was reasonable for the Council to exercise its own judgement. 6. I therefore conclude that unreasonable behaviour resulting in unnecessary or wasted expense has not been demonstrated.

Page 1 · Chunk 3 C Cresswell INSPECTOR

Sunny Nook Stickenbridge, Perranarworthal, TRURO, TR3 7QW — Cornwall Council — C Cresswell INSPECTOR 1 Planning Practice Guidance (Appeals- advice on planning appeals and the award costs) https://www.gov.uk/planning-inspectorate

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

Main issues and findings

Living conditions
Against appellant
¶3

The matters raised by the appellant relate to the determination of the planning application rather than the appeal process.

Living conditions
Against appellant
¶4

The Council substantiated its reasons for refusal, and the appeal was lodged later than anticipated by the appellant.

Living conditions
Against appellant
¶5

The Council's decision to approve planning permission for a dwelling on another site does not set a precedent, and the Council's reasons for refusal were reasonable.

Policies relied on

Reference Weight
PPG1
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 11 June 2025 under the Open Government Licence.