Planning Appeal - Costs Awarded

• Posted by David Jones on 1st Dec ’11 at 10:42 GMT
• 0 comments

Full costs awarded against Cheltenham Borough Coucnbil

Evans Jones LLP win appeal against Cheltenham Borough Councils refusal of planning and listed building consent for development consisting of the renovation of a listed farmhouse and the erection of 35 new dwellings.

The council refused consent on the grounds that the development would not preserve the architectural and historic interest of the farm house and the effect upon the character and appearance of the area having particular regard to the density of the new housing proposed.

Evans Jones represented the appellant (Redcliffe Homes Ltd)

The Planning Inspector in allowing the appeal was persuaded by the evidence presented by Evans Jones and concluded that the development would not harm the character or appearance of the area and would accord with Local Plan policies.

A full application for costs against the local authority was made at the hearing, in the costs decision the Inspector concluded that

In withholding permission the Council had delayed development which should clearly have been permitted having regard to the development plan, national policy statements and its own Mini Planning Brief for the site. As a consequence, the appellant was forced to pursue the matter to appeal.

Full costs were awarded against the local authority.

David Jones, the planning partner at Evans Jones LLP comments:-

The committees decision in this case demonstrates the confusion which flows from the Localism agenda currently being pursued by the Government. Many planning committee members mistakenly members believe that the Localism Agenda provides the power for planning committees to refuse consent just because neighbours do not want new development. What this decision demonstrates is that local opposition alone is not a satisfactory reason for withholding consent. Decision must be based upon unequivocal evidence supported by local and nation policy.

Copy of Appeal decision may be downloaded at: Appeal Decision
Copy of Costs decision may be downloaded at: Costs decision

For further information upon planning applications or appeals contact David Jones on 01242 531411 or e-mail e-mail link

For further information upon planning applications or appeals contact David Jones on 01242 531411 or e-mail e-mail link