Former Hornsea Library, 77 Newbegin, Hornsea, East Riding of Yorkshire, HU18 1PA
East Riding of Yorkshire Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 14 March 2025
- Authority
- East Riding of Yorkshire Council
- Inspector
- Eggleton P
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr Ian Staines
- LPA reference
- 23/00792/PLF
- ONS LPA code
- E06000011
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 3 December 2024
Summary AI
The inspector found that the council's behaviour was unreasonable, leading to unnecessary expense. The appeal was allowed, and the council is required to pay the full costs of the appeal proceedings.
PDF text
Former Hornsea Library, 77 Newbegin, Hornsea, East Riding of Yorkshire, HU18 1PA — East Riding of Yorkshire Council — Costs Decision Site visit made on 20 February 2025 by P Eggleton BSc(Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 14 March 2025 Costs application in relation to Appeal Ref: APP/E2001/W/24/3355488 Former Hornsea Library, 77 Newbegin, Hornsea, East Riding of Yorkshire HU18 1PA • The application is made under the Town and Country Planning Act 1990 (as amended), sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5). • The application is made by Mr Ian Staines for a full award of costs against East Riding of Yorkshire Council. • The appeal was against the refusal of planning permission for the change of use of former library building to flats including demolition of single storey elements to rear to form new car park area, alterations to cladding and construction of second floor area within new pitched roof structure. Decision 1. The application for an award of costs is allowed in the terms set out below. Reasons 2. The Planning Practice Guidance 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.
Former Hornsea Library, 77 Newbegin, Hornsea, East Riding of Yorkshire, HU18 1PA — East Riding of Yorkshire Council — Costs Decision It is alleged that the council prevented or delayed development which should clearly have been permitted; and failed to produce evidence to substantiate each reason for refusal. 4. The council’s officers, including those commenting on heritage and highway safety matters, supported the proposal. It was recommended for approval following alterations to the plans that were requested by those officers. Whilst the planning committee is entitled to reach an alternative view, the concerns raised must be demonstrable and take into account all necessary matters. The decision notice included two reasons for refusal but it is not clear from the committee minutes that this was intended. In any event, I have found nothing to support the concern with regard to the impact on the character or appearance of the area; nor has there been any evidence submitted to support the highway safety concerns raised. Furthermore, no assessment has been provided to indicate how such concerns were considered in relation to the benefits of providing new residential accommodation. 5. The council has delayed development which should clearly have been permitted; and has failed to produce evidence to substantiate each reason for refusal.
Former Hornsea Library, 77 Newbegin, Hornsea, East Riding of Yorkshire, HU18 1PA — East Riding of Yorkshire Council — Costs Decision I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance, has been demonstrated; and that a full award of costs is justified. https://www.gov.uk/planning-inspectorate
Former Hornsea Library, 77 Newbegin, Hornsea, East Riding of Yorkshire, HU18 1PA — East Riding of Yorkshire Council — Costs Decision I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance, has been demonstrated; and that a full award of costs is justified. https://www.gov.uk/planning-inspectorate Costs Decision: APP/E2001/W/24/3355488 Costs Order 6. In exercise of the powers under section 250(5) of the Local Government Act 1972 and Schedule 6 of the Town and Country Planning Act 1990 as amended, and all other enabling powers in that behalf, IT IS HEREBY ORDERED that East Riding of Yorkshire Council pay to Mr Ian Staines, the full costs of the appeal proceedings described in the heading of this decision; such costs to be assessed in the Senior Courts Costs Office if not agreed. 7. The applicant is now invited to submit to East Riding of Yorkshire Council, to whom a copy of this decision has been sent, details of those costs with a view to reaching agreement as to the amount.
Former Hornsea Library, 77 Newbegin, Hornsea, East Riding of Yorkshire, HU18 1PA — East Riding of Yorkshire Council — Peter Eggleton INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Planning obligations For appellant ¶3
The council failed to produce evidence to substantiate each reason for refusal, and there was no clear demonstrable concern regarding the impact on character or appearance of the area.
Planning obligations For appellant ¶4
The council delayed development which should clearly have been permitted, and failed to produce evidence to support the highway safety concerns raised.
Planning obligations For appellant ¶5
The council's behaviour was unreasonable, resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance.
Policies relied on
| Reference | Weight |
|---|---|
| Planning Practice Guidance |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 14 March 2025 under the Open Government Licence.