Council Pays Costs for Planning Appeal
Senior Planning Consultant Daniel Addis has successfully appealed a decision by Eden District Council to refuse planning permission for a development of five new homes in the Eden Valley
As well as overruling the Council’s planning decision, the HM Planning Inspector also took the unusual step of ordering the Council to pay the landowner’s costs.
The decision of HM Planning Inspector Katie McDonald to allow an award of costs to the Ousby landowner was based on her finding that “the Council have behaved unreasonably”. In her Costs Decision, she said “the Council does not provide any objective analysis, evidence or actual justification on planning grounds to substantiate the asserted planning harm.” She agreed the landowner had “incurred unnecessary expense”.
Speaking about the decision Daniel said, “This is an excellent outcome for our client and for the local area. As a result of the Appeal, a rural community gains five new houses on underused agricultural land. We argued that the Council’s original decision was not made in accordance with planning policies in place at the time and the Inspector agreed. The case illustrates the importance of getting expert planning advice at the beginning of the planning process.”
Full details of the planning application, appeal and HM Inspector’s decisions are available at: http://eforms.eden.gov.uk/fastweb/detail.asp?AltRef=17/0432