Case 3356986

Hidden Valley Farm , Littleton Lane, Winford, BS40 8HF

North Somerset Council — appeal allowed

Outcome
Allowed
Decision date
28 March 2025
Authority
North Somerset Council
Inspector
Phillips B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr John Pearce
LPA reference
24/P/1708/CQA
ONS LPA code
E06000024
Jurisdiction
Transferred
Link status
Not Linked
Start date
18 December 2024

Summary AI

The applicant's request for a full award of costs against North Somerset Council was refused as it was not demonstrated that the council's behaviour was unreasonable and resulted in unnecessary expense for the applicant.

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

PDF text

Page 1 · Chunk 0 Costs Decision

Hidden Valley Farm , Littleton Lane, Winford, BS40 8HF — North Somerset Council — Costs Decision Site visit made on 6 March 2025 by B Phillips BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 28 March 2025 Costs application in relation to Appeal Ref: APP/D0121/W/24/3356986 Hidden Valley Farm , Littleton Lane, Winford, BS40 8HF • 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 John Pearce for a full award of costs against North Somerset Council. • The appeal was against the refusal of prior approval for the conversion of an agricultural barn into 1no. dwelling (Use Class C3) with operational development including the installation of windows, door, exterior walls and replacement of the roofing material. 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.

Page 1 · Chunk 1 Costs Decision

Hidden Valley Farm , Littleton Lane, Winford, BS40 8HF — North Somerset Council — Costs Decision The PPG sets out that local planning authorities are at risk of an award of costs if they behave unreasonably with respect to the substance of the matter under appeal, for example, by making vague, generalised or inaccurate assertions about a proposal’s impact, refusing planning permission on a planning ground capable of being dealt with by conditions and not determining similar cases in a consistent manner. 4. The Council’s issues in relation to contamination is based upon the history of the site, specifically the approval for the original barn building, and information was provided with statement of case detailing the approval and conditions attached. As such, in this respect, the Council had provided a detailed substantiated case. 5. Whilst I have not agreed with the Council in relation to the use of conditions, the Council has substantiated their opinion that conditions in this instance would not meet the requirements of the National Planning Policy Framework. As such, whilst I have found differently on this matter, it has not been demonstrated that the applicant’s time and expense in defending this matter was not necessary and has resulted in unnecessary or wasted expense on their behalf. 6.

Page 1 · Chunk 2 Costs Decision

Hidden Valley Farm , Littleton Lane, Winford, BS40 8HF — North Somerset Council — Costs Decision Given the particular circumstances of each Class Q proposal, it is difficult to make general assertions regarding what specifically meets the criteria set out in the GDPO. Nevertheless, the Council have provided some commentary on the previous cases set out by the appellant and has pointed to differences in the cases. https://www.gov.uk/planning-inspectorate Costs Decision APP/D0121/W/24/3356986 7. As such, it is not demonstrated that the Council has determined cases in an inconsistent manner. Conclusion 8. I conclude that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the PPG, has not been demonstrated. The application for an award of costs is therefore refused.

Page 2 · Chunk 3 B Phillips

Hidden Valley Farm , Littleton Lane, Winford, BS40 8HF — North Somerset Council — B Phillips INSPECTOR https://www.gov.uk/planning-inspectorate 2

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

Main issues and findings

Planning obligations
Against appellant
¶2

The inspector found that the council provided a detailed and substantiated case for their opinion on the use of conditions.

Planning obligations
Neutral
¶5

The inspector found that the council's opinion on the use of conditions was substantiated, but disagreed with the applicant's interpretation.

Planning obligations
Against appellant
¶6

The inspector found that the council's commentary on previous cases and highlighting of differences was sufficient to address the applicant's concerns.

Policies relied on

Reference Weight
NPPF
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 28 March 2025 under the Open Government Licence.