Case 3361012

Firs Farm, Copthorne Common, Copthorne, Crawley, RH10 3LF

Mid Sussex District Council — appeal allowed

Outcome
Allowed
Decision date
11 July 2025
Authority
Mid Sussex District Council
Inspector
Coles C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
DevTec Properties
LPA reference
DM/24/2053
ONS LPA code
E07000228
Jurisdiction
Transferred
Link status
Not Linked
Start date
12 March 2025

Summary AI

The application for an award of costs against the LPA was refused. The inspector found that the LPA's decision was reasonable and followed established case law.

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

PDF text

Page 1 · Chunk 0 Costs Decision

Firs Farm, Copthorne Common, Copthorne, Crawley, RH10 3LF — Mid Sussex District Council — Costs Decision Site visit made on 3 June 2025 by C Coles MRTPI an Inspector appointed by the Secretary of State Decision date: 11 JULY 2025 Costs application in relation to Appeal Ref: APP/D3830/W/25/3361012 Firs Farm, Copthorne Common, Copthorne, West Sussex RH10 3LF 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 DevTec Properties for a full award of costs against Mid Sussex District Council. The appeal was against the refusal of planning permission for the conversion of two buildings to 1 x single family dwellinghouse (Use Class C3) with associated amenity space and parking provision. 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

Firs Farm, Copthorne Common, Copthorne, Crawley, RH10 3LF — Mid Sussex District Council — Costs Decision Unreasonable behaviour on the part of a local planning authority (LPA) may include preventing or delaying development which should clearly be permitted, having regard to its accordance with the development plan, national policy and any other material considerations, acting contrary to, or not following, well-established case law, or not determining similar cases in a consistent manner. 4. I have found in my appeal decision that the proposal would enhance the immediate setting of the site and would be in a sustainable location. However, this was a matter of planning judgement, and the LPA has set out its reasoning for reaching a different conclusion in determining the application in the case officer report, including determining each case on its own merits. I find that the reasons on the decision notice were complete, precise and specific in relation to the policies in the development plan. While I do not agree with the LPA conclusion, I do not consider the LPA acted unreasonably in refusing permission. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Costs Decision

Firs Farm, Copthorne Common, Copthorne, Crawley, RH10 3LF — Mid Sussex District Council — Costs Decision Costs Decision APP/D3830/W/25/3361012 Conclusion 5. I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as defined in the PPG, has not been demonstrated. Accordingly, the application for costs is refused. 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 LPA's decision notice was complete, precise, and specific in relation to the policies in the development plan.

Planning obligations
Against appellant
¶3-4

The inspector found that the LPA did not act unreasonably in refusing permission, as their decision was based on planning judgement and they followed well-established case law.

Planning obligations
Against appellant
¶5

The inspector found that the applicant failed to demonstrate unreasonable behaviour resulting in unnecessary or wasted expense, as defined in the PPG.

Policies relied on

Reference Weight
NPPF 208
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 11 July 2025 under the Open Government Licence.