Queens Arms, 9 Harrison Street, WIGAN, WN5 9AU
Wigan Metropolitan Borough Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 22 January 2026
- Authority
- Wigan Metropolitan Borough Council
- Inspector
- Mee K
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Queens Hall Action on Poverty (The Brick)
- LPA reference
- A/24/098258/CU
- ONS LPA code
- E08000010
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 3 November 2025
Summary AI
The inspector refused an application for costs against Wigan Council, finding that they had not behaved unreasonably in the appeal process.
PDF text
Queens Arms, 9 Harrison Street, WIGAN, WN5 9AU — Wigan Metropolitan Borough Council — Costs Decision Site visit made on 13 January 2026 by K Mee BA(Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 22 January 2026 Costs application in relation to Appeal Ref: APP/V4250/W/25/3374553 Queens Arms, 9 Harrison Street, Wigan WN5 9AU • 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 Ms Keely Dalfen on behalf of Queens Hall Action on Poverty (The Brick) for a full award of costs against Wigan Council. • The appeal was against the refusal of planning permission for the change of use from public house (sui generis) to temporary accommodation and support centre (sui generis), external alterations to side elevation. 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.
Queens Arms, 9 Harrison Street, WIGAN, WN5 9AU — Wigan Metropolitan Borough Council — Costs Decision The applicant contends that the Council has acted unreasonably by failing to produce evidence to substantiate the reason for refusal and erroneously referring to drawing number 2442-PL-07, ‘Enabling works first floor and cellar plan’ in the refusal reason. While I have reached a different conclusion on the appeal overall, the Council’s submissions, including its Statement of Case in response to the appeal, nonetheless adequately explains its concerns regarding the layout and size of the proposed accommodation, including the provision of bathroom facilities, and subsequent effects on the living conditions of future occupiers. The Council has therefore shown that it was able to substantiate the reason for refusal, which was clearly a matter of planning judgment. 4. Furthermore, the drawing referenced in the refusal reason appears to be that submitted at both the planning application and appeal stages, on which the Council made its decision. Conclusion 5. Therefore, unreasonable behaviour resulting in unnecessary or wasted expense has not occurred and an award of costs is not warranted.
Queens Arms, 9 Harrison Street, WIGAN, WN5 9AU — Wigan Metropolitan Borough Council — K Mee INSPECTOR https://www.gov.uk/planning-inspectorate
Main issues and findings
Living conditions For appellant ¶3
The inspector disagreed with the applicant's contention that the council had failed to produce evidence to substantiate its reason for refusal.
Living conditions Against appellant ¶4
The inspector found that the council's submissions had adequately explained its concerns regarding the layout and size of the proposed accommodation.
Site constraints from the Casework Database
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 22 January 2026 under the Open Government Licence.