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.
PDF text
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.
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’.
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.
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
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
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 11 June 2025 under the Open Government Licence.