Case 3374553

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.

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

PDF text

Page 1 · Chunk 0 Costs Decision

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.

Page 1 · Chunk 1 Costs Decision

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.

Page 1 · Chunk 2 K Mee

Queens Arms, 9 Harrison Street, WIGAN, WN5 9AU — Wigan Metropolitan Borough Council — K Mee INSPECTOR https://www.gov.uk/planning-inspectorate

Extracted from the decision letter PDF and shown in full, chunk by chunk.

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

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 1 pages, issued by the Planning Inspectorate on 22 January 2026 under the Open Government Licence.