Case 3364814

1574 Lincoln Road, Peterborough, PE6 7HH

Peterborough City Council — appeal dismissed

Outcome
Dismissed
Decision date
1 August 2025
Authority
Peterborough City Council
Inspector
Bennett T
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr A Smith
LPA reference
24/01666/OUT
ONS LPA code
E06000031
Jurisdiction
Transferred
Link status
Not Linked
Start date
1 May 2025

Summary AI

The costs application was dismissed as the Council's decision was not unreasonable and was based on sound planning reasons.

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

PDF text

Page 1 · Chunk 0 Costs Decision

1574 Lincoln Road, Peterborough, PE6 7HH — Peterborough City Council — Costs Decision Site visit made on 28 July 2025 by T Bennett BA(Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 01 August 2025 Costs application in relation to Appeal Ref: APP/J0540/W/25/3364814 1574 Lincoln Road, Peterborough PE6 7HH • 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 Adrian Smith for a full award of costs against Peterborough City Council. • The appeal was against the refusal of outline planning permission for a proposed 3no. bedroom bungalow with access, layout and scale secured and all other matters reserved (appearance and landscaping). Decision 1. The application for an award of costs is refused. Reasons 2. Planning Practice Guidance (the PPG) advises that, irrespective of the outcome of the appeal, 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

1574 Lincoln Road, Peterborough, PE6 7HH — Peterborough City Council — Costs Decision The applicant’s case for seeking an award of costs centres on their concern that the local planning authority found the appeal site to be in the open (my emphasis) countryside, which the applicant considers is not the case, and therefore they consider the refusal is not warranted. 4. While the decision notice refers to open countryside, the reason for refusal makes clear that the site lies outside of any identified settlement boundary, identifying conflict with Policy LP2, amongst other policies. The officer report makes reference to Policy LP2 of the Peterborough Local Plan (2019). This policy sets out that land falling outside of village envelopes and the Peterborough Urban Area Boundary is defined as countryside. It does not therefore make a material difference to the assessment of the proposal whether it is ‘open’ or not for the purposes of Policy LP2. As the application site falls outside of a defined settlement boundary, the site is considered as countryside for planning policy purposes under Policy LP2. The Council were therefore correct in assessing the proposal against this policy where the Council found the proposal did not accord with any of the exceptions set out in the policy itself. 5.

Page 1 · Chunk 2 Costs Decision

1574 Lincoln Road, Peterborough, PE6 7HH — Peterborough City Council — Costs Decision The Council were not unreasonable in coming to their decision and sound planning reasons were given for the refusal of the planning application against the relevant policies within the development plan. https://www.gov.uk/planning-inspectorate Costs Decision APP/J0540/W/25/3364814 Conclusion 6. For the reasons above, whilst I note the costs incurred by the appellant, I find that it has not been demonstrated that these have resulted from unreasonable behaviour on behalf of the Council. Therefore, the application for an award of costs is refused.

Page 2 · Chunk 3 T Bennett

1574 Lincoln Road, Peterborough, PE6 7HH — Peterborough City Council — T Bennett 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
For appellant
¶3

The applicant believed the site was not in open countryside, but the decision notice and officer report showed it was outside a settlement boundary, making it countryside for policy purposes under Policy LP2.

Planning obligations
Against appellant
¶4

The Council's decision was based on sound planning reasons and the assessment of the proposal against Policy LP2.

Policies relied on

Reference Weight
Policy LP2
Substantial

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 1 August 2025 under the Open Government Licence.