Case 3359082

Employment Land - Land east of Spratsgate Lane , Cirencester , Gloucestershire, GL7 6DF

Cotswold District Council — appeal dismissed

Outcome
Dismissed
Decision date
26 September 2025
Authority
Cotswold District Council
Inspector
Pipkin R
Procedure
Hearing
Casework type
Planning Appeal
Type detail
Planning Appeals - Outline
Development type
Major dwellings
Appellant
Carbide Properties Limited and Bathurst Development Limited
LPA reference
22/02749/REM
ONS LPA code
E07000079
Jurisdiction
Transferred
Link status
Not Linked
Start date
11 April 2025

Summary AI

The costs application was refused because the applicant's actions did not meet the criteria for awarding costs against a party.

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

PDF text

Page 1 · Chunk 0 by Rachael Pipkin BA (Hons) MPhil MRTPI

Employment Land - Land east of Spratsgate Lane , Cirencester , Gloucestershire, GL7 6DF — Cotswold District Council — by Rachael Pipkin BA (Hons) MPhil MRTPI an Inspector appointed by the Secretary of State Decision date: 26 September 2025

Page 1 · Chunk 1 Employment Land, East of Spratsgate Lane, Cirencester GL7 6DF

Employment Land - Land east of Spratsgate Lane , Cirencester , Gloucestershire, GL7 6DF — Cotswold District Council — Employment Land, East of Spratsgate Lane, Cirencester GL7 6DF • 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 Carbide Properties for a partial award of costs against Gloucestershire County Council.

Page 1 · Chunk 2 Employment Land, East of Spratsgate Lane, Cirencester GL7 6DF

Employment Land - Land east of Spratsgate Lane , Cirencester , Gloucestershire, GL7 6DF — Cotswold District Council — Employment Land, East of Spratsgate Lane, Cirencester GL7 6DF • 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 Carbide Properties for a partial award of costs against Gloucestershire County Council.

Page 1 · Chunk 3 Employment Land, East of Spratsgate Lane, Cirencester GL7 6DF

Employment Land - Land east of Spratsgate Lane , Cirencester , Gloucestershire, GL7 6DF — Cotswold District Council — Employment Land, East of Spratsgate Lane, Cirencester GL7 6DF • The appeal was against the refusal to grant consent, agreement or approval to details required by a condition of an outline planning permission for a mixed use development comprising demolition of existing buildings (as detailed on the submitted demolition plan) and the erection of up to 2,350 residential dwellings (including up to 100 units of student accommodation and 60 homes for the elderly), 9.1 hectares of employment land (B1, B2 and B8 uses), a primary school, a neighbourhood centre including A1, A2, A3, A4 and A5 uses as well as community facilities (including a health care facility D1), public open space, allotments, playing fields, pedestrian and cycle links (access points onto Tetbury Road, Somerford Road and Cranhams Lane) landscaping and associated supporting infrastructure to include vehicle access points from Tetbury Road, Spratsgate Lane, Wilkinson Road and Somerford Road at Land At Chesterton Farm Cranhams Lane Cirencester Gloucestershire GL7 6JP.

Page 1 · Chunk 4 costs to incur unnecessary or wasted expense in the appeal process.

Employment Land - Land east of Spratsgate Lane , Cirencester , Gloucestershire, GL7 6DF — Cotswold District Council — costs to incur unnecessary or wasted expense in the appeal process. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 5 costs to incur unnecessary or wasted expense in the appeal process.

Employment Land - Land east of Spratsgate Lane , Cirencester , Gloucestershire, GL7 6DF — Cotswold District Council — costs to incur unnecessary or wasted expense in the appeal process. https://www.gov.uk/planning-inspectorate Costs Decision APP/F1610/W/25/3359082 5. The PPG advises that statutory consultees must, at the earliest opportunity, notify the local planning authority if their advice changes from that provided during the determination of the application to which the appeal relates. 6. On the advice of GCC, CDC refused the reserved matters application (RMA) on the grounds that the scheme would not provide sufficient parking which would lead to overspill parking on the streets. It required a legal agreement to secure financial contributions to enable GCC to implement parking restrictions to prevent this. No legal agreement was provided. 7. The applicant’s parking needs assessment concluded that sufficient parking would be provided on site and therefore overspill parking would not occur. GCC raised concerns about the robustness of that assessment. Amongst other things, it was not satisfied that the basis on which the applicant had calculated parking needs. This was due to its reliance upon Trip Rate Information Computer System (TRICS) data from the outline planning permission which drew data from locations across the UK and not directly comparable to the appeal site.

Page 2 · Chunk 6 costs to incur unnecessary or wasted expense in the appeal process.

Employment Land - Land east of Spratsgate Lane , Cirencester , Gloucestershire, GL7 6DF — Cotswold District Council — costs to incur unnecessary or wasted expense in the appeal process. It also had concerns about the age of the data which dated back to 2014. GCC requested an updated parking needs assessment using comparable and up to date data. In the absence of this, it maintained its objection to the proposal which subsequently formed a reason for refusal. 8. Shortly before the Hearing, GCC confirmed that it no longer objected to the scheme. GCC advised it had changed its position in the light of further information provided by the applicant. The applicant asserts that information had been readily available at the time GCC objected to the scheme and therefore should have informed its response to the consultation. 9. Copies of correspondence between GCC and the applicant, including an updated Highways Statement of Common Ground and an updated parking accumulation note was submitted prior to the Hearing. This confirmed that the applicant submitted updated TRICS data to GCC, based on the latest version of the TRICS database. It used data from the Industrial Estate Land Use category for sites in edge of town locations and of a comparable size to the appeal proposal.

Page 2 · Chunk 7 costs to incur unnecessary or wasted expense in the appeal process.

Employment Land - Land east of Spratsgate Lane , Cirencester , Gloucestershire, GL7 6DF — Cotswold District Council — costs to incur unnecessary or wasted expense in the appeal process. This updated information demonstrated that a sufficient level of car parking would be provided, and it was on this basis that GCC withdrew its objection to the scheme. There was no delay in making CDC aware of the change in its position. 10. The updated information supported the same conclusion that the OPP data did, that is that sufficient parking on site would be provided. Nevertheless, I do not find anything unreasonable about GCC seeking to make sure that the level of parking on site would be sufficient based on up to date and comparable evidence to ensure that the development would not give rise to parking issues on the highway. An evidence-based approach was a requirement of the approved Steadings Site Wide Design Code in relation to parking provision for non-residential uses. GCC acting in accordance with this. 11. GCC requested this information throughout the application process, but the applicant did not provide it until after the appeal had been lodged and shortly before the Hearing. Had it done this when originally requested, it seems to me that this may not have been a reason for refusal in the first instance and this matter would not have been a disputed issue in the appeal process.

Page 2 · Chunk 8 costs to incur unnecessary or wasted expense in the appeal process.

Employment Land - Land east of Spratsgate Lane , Cirencester , Gloucestershire, GL7 6DF — Cotswold District Council — costs to incur unnecessary or wasted expense in the appeal process. https://www.gov.uk/planning-inspectorate 2 Costs Decision APP/F1610/W/25/3359082 12. For this reason, I do not find that unreasonable behaviour resulting in unnecessary or wasted expense has occurred and an award of costs is not warranted.

Page 3 · Chunk 9 Rachael Pipkin

Employment Land - Land east of Spratsgate Lane , Cirencester , Gloucestershire, GL7 6DF — Cotswold District Council — Rachael Pipkin INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Flood risk
Against appellant
¶6

GCC's original objection to the scheme was based on concerns that the development would lead to overspill parking on the streets, but they changed their position after the applicant provided updated information.

Flood risk
Neutral
¶10

The inspector found that GCC's actions were not unreasonable, as they were acting in accordance with the approved Steadings Site Wide Design Code in relation to parking provision for non-residential uses.

Planning obligations
Against appellant
¶12

The inspector found that the applicant did not meet the criteria for awarding costs against a party, as their actions did not result in unnecessary or wasted expense.

Policies relied on

Reference Weight
Planning Practice Guidance (PPG)
Moderate
Steadings Site Wide Design Code
Substantial

Site constraints from the Casework Database

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

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 26 September 2025 under the Open Government Licence.