Case 3367160

Land South Of Sandfield Bungalow, Mill Road, Fen Drayton, Cambridgeshire, CB24 4ST

South Cambridgeshire District Council — appeal allowed

Outcome
Allowed
Decision date
5 November 2025
Authority
South Cambridgeshire District Council
Inspector
Tinsley F
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr James Flack
LPA reference
25/00562/PIP
ONS LPA code
E07000012
Jurisdiction
Transferred
Link status
Not Linked
Start date
10 June 2025

Summary AI

The application for costs was refused as the Council's conclusion was deemed not unreasonable, despite differences in interpretation. The appeal was ultimately allowed, but the costs decision was based on the Council's legitimate planning judgement and interpretation.

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

PDF text

Page 1 · Chunk 0 Costs Decision

Land South Of Sandfield Bungalow, Mill Road, Fen Drayton, Cambridgeshire, CB24 4ST — South Cambridgeshire District Council — Costs Decision Site visit made on 15 September 2025 by F P Tinsley MA (Hons) MBA MRTPI an Inspector appointed by the Secretary of State Decision date: 5th November 2025 Costs application in relation to Appeal Ref: APP/W0530/W/25/3367160 Land South Of Sandfield Bungalow, Mill Road, Fen Drayton, Cambridgeshire, CB24 4ST • 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 Flack against the decision of South Cambridgeshire District Council. • The appeal was against the refusal of planning permission in principle for ‘Erection of 2no. custom/self-build dwellings’. 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. I have had regard to the appellant’s justification relating to the accessibility of the site to local facilities and services, including local bus services.

Page 1 · Chunk 1 Costs Decision

Land South Of Sandfield Bungalow, Mill Road, Fen Drayton, Cambridgeshire, CB24 4ST — South Cambridgeshire District Council — Costs Decision I have concluded that, although the distances to these services are significant and the nature of the routes may be challenging for some, there would be a degree of access for residents of the proposed development. While I have disagreed with the Council’s conclusion that residents would be wholly reliant on the use of private cars, I do not consider their conclusion to be unreasonable, given the distances involved and the nature of the routes to these services and facilities. 4. With regard to the weight attached to custom and self-build development, the Council stated that it had given ‘appreciable’ weight to its provision, supported by up-to-date information regarding the level of shortfall across the district. The Council also referenced other decisions where significant weight had been afforded to such proposals in their determination. 5. I do not consider that the Council demonstrated an incorrect understanding of the Permission in Principle process, although there did appear to be some lack of clarity regarding the appropriate procedure for securing custom and self-build development at this stage.

Page 1 · Chunk 2 Costs Decision

Land South Of Sandfield Bungalow, Mill Road, Fen Drayton, Cambridgeshire, CB24 4ST — South Cambridgeshire District Council — Costs Decision The Council concluded that only appreciable weight should be given to the fact that the proposal was for custom and self-build development, but that this was outweighed by other considerations, and therefore https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Costs Decision

Land South Of Sandfield Bungalow, Mill Road, Fen Drayton, Cambridgeshire, CB24 4ST — South Cambridgeshire District Council — Costs Decision The Council concluded that only appreciable weight should be given to the fact that the proposal was for custom and self-build development, but that this was outweighed by other considerations, and therefore https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Costs Decision

Land South Of Sandfield Bungalow, Mill Road, Fen Drayton, Cambridgeshire, CB24 4ST — South Cambridgeshire District Council — Costs Decision Costs Decision APP/W0530/W/25/3367160 planning permission should be refused. While this conclusion differs from my own determination of the appeal, I do not consider it to be an unreasonable position in the circumstances. 6. Reference was made by the Council to other appeal decisions where weight had been attached to the provision of custom and self-build housing, and an understanding that appeals had been both allowed and dismissed in this context. I am satisfied that the Council had regard to these decisions while considering the specific circumstances of this case. I therefore do not consider that the Council acted unreasonably. Each case differs in its circumstances, and while the provision of custom and self-build housing is a significant consideration, it is reasonable to attach weight to other matters which may justify refusal, as has occurred in other cases. 7. I have determined that this appeal should be allowed following a careful balancing of the main issues. The Council, in its own balancing exercise, reached a different conclusion. Nevertheless, it is my view that the application for costs essentially relates to a disagreement about legitimate matters of planning judgement and interpretation.

Page 2 · Chunk 5 Costs Decision

Land South Of Sandfield Bungalow, Mill Road, Fen Drayton, Cambridgeshire, CB24 4ST — South Cambridgeshire District Council — Costs Decision I do not find that the Council acted unreasonably in reaching a different conclusion to my own. Conclusion 8. Therefore, unreasonable behaviour resulting in unnecessary or wasted expense has not occurred and an award of costs is not warranted.

Page 2 · Chunk 6 F P Tinsley

Land South Of Sandfield Bungalow, Mill Road, Fen Drayton, Cambridgeshire, CB24 4ST — South Cambridgeshire District Council — F P Tinsley 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

Affordable housing
Against appellant
¶6

The Council had regard to other appeal decisions and considered the specific circumstances of this case, attaching weight to other matters that justified refusal.

Living conditions
Against appellant
¶3

The distances to local services and facilities were significant, and while there would be some access for residents, the Council's conclusion that residents would be wholly reliant on private cars was deemed reasonable.

Parking
Neutral

Not explicitly mentioned as an issue, but related to living conditions and accessibility.

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 5 November 2025 under the Open Government Licence.