Case 3370123

Rowlands Farm Newchapel Road, LINGFIELD, RH7 6BJ

Tandridge District Council — appeal allowed

Outcome
Allowed
Decision date
4 November 2025
Authority
Tandridge District Council
Inspector
Gardner L
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Minor Dwellings
Appellant
Mr Ricky Gache
LPA reference
2025/312
ONS LPA code
E07000215
Jurisdiction
Transferred
Link status
Not Linked
Start date
14 August 2025

Summary AI

The application for costs against Tandridge District Council was refused due to a lack of unreasonable behaviour by the Council.

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

PDF text

Page 1 · Chunk 0 Costs Decision

Rowlands Farm Newchapel Road, LINGFIELD, RH7 6BJ — Tandridge District Council — Costs Decision Site visit made on 23 October 2025 by L Gardner MRTPI an Inspector appointed by the Secretary of State Decision date: 04 November 2025 Costs application in relation to Appeal Ref: APP/M3645/W/25/3370123 Land at Rowlands Farm, Newchapel Road, Lingfield, Surrey RH7 6BJ • 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 Ricky Gache for a full award of costs against Tandridge District Council. • The appeal was against the refusal to grant permission in principle for erection of 9 dwellings following demolition of existing stables and removal of sand school. 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. The appellant is seeking a full award of costs.

Page 1 · Chunk 1 Costs Decision

Rowlands Farm Newchapel Road, LINGFIELD, RH7 6BJ — Tandridge District Council — Costs Decision The premise of the cost application is linked to the case presented for the appeal including in relation to the Council’s inability to demonstrate a five year housing land supply. The appellant is of the view that the Council acted unreasonably, partially on the basis that the Council did not provide a reason for attaching moderate weight to the benefits of the proposed housing. 4. However, in my main decision, I too have attributed moderate weight to the benefits associated with the proposal. The appeal decisions referred to where the Inspectors attached significant or substantial weight to housing delivery1 were for 29 dwellings and 270 dwellings respectively and are therefore not directly comparable to the appeal scheme. 5. The Council’s officer report was clear to the weight which it attached to the benefits of the proposal against the harm to the development plan. Despite the fact that I have reached a different conclusion to the Council in my main decision, the Council was entitled to reach the view that the harm it attributed to the proposal significantly and demonstrably outweighed the benefits in its assessment of the application, based on the policies within the development plan.

Page 1 · Chunk 2 Costs Decision

Rowlands Farm Newchapel Road, LINGFIELD, RH7 6BJ — Tandridge District Council — Costs Decision This does not represent unreasonable behaviour. 1 APP/M3645/W/24/3352066 and APP/M3645/W/24/3355743 https://www.gov.uk/planning-inspectorate Costs Decision APP/M3645/W/25/3370123 Conclusion 6. In view of the above, I find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the PPG, has not been demonstrated. Therefore, an award of costs is not justified against the Council.

Page 2 · Chunk 3 L Gardner

Rowlands Farm Newchapel Road, LINGFIELD, RH7 6BJ — Tandridge District Council — L Gardner 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

Living conditions
Against appellant
¶3

The appellant claimed the Council acted unreasonably, but the Inspector found the Council was entitled to its view, and its assessment was based on policies within the development plan.

Living conditions
Against appellant
¶5

The Inspector found that the Council's assessment was based on policies within the development plan, and its view was not unreasonable.

Policies relied on

Reference Weight
NPPF 208
Limited

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 4 November 2025 under the Open Government Licence.