Avoiding Costs at Appeal

There is only one thing worse than losing a planning appeal, and that is having costs awarded against you. The outcome of an appeal doesn’t automatically result in a costs award, it requires a party to have behaved unreasonably and for the other party to have incurred wasted expense.

In one recent case in Devon, a costs award was made against the Appellant to pay the Council’s costs, which is quite a rare occurrence. After reading on, it transpired that the Appellant had failed to supply the Council with information requested part way through considering a planning application. This can be frustrating yes, but in this instance, it appeared a straightforward request that should have been picked up in validation. Fast forward, and the application was refused, an appeal dismissed, and the Appellant was on the wrong side of a costs award.

“I therefore find that unreasonable behaviour resulting in unnecessary and wasted expense in the appeal process has been demonstrated and that a full award of costs is justified.”

It is important to have the right professional planning advice, during an application and at appeal. If you have a costs application made against you, it is vital to put forward a robust defence to prevent appeal becoming even more costly.

Inspire Planning Solutions have a 100% perfect record of success on costs application. We have won costs against both a London Borough and a West Midlands Council in just the last few weeks alone, as they were both found to have behaved unreasonably.

If you have had a bad planning experience with a Council, please contact us for advice and guidance on your possible next steps.

Why YOU should appeal!

Refusal, in whatever form is disappointing.

As far as your planning application is concerned, it need not be the end of your project as there is a right of appeal to the Planning Inspectorate. According to the Planning Inspectorate’s records, on average, one appeal in three is successful and this rate has remained broadly constant over many years.

If you disagree with your local Council’s decision, you can appeal within 6 months from the decision notice date.

At Inspire Planning Solutions Ltd, we can review your application and provide advice on the chances of success at appeal, or if an amended form of development would stand a better possibility of obtaining consent.

We have vast experience in all types of appeals including householder, written representation appeals, hearings and public inquiries, and we’ll advise on the most appropriate appeal method to avoid wasting time and money.

If you would like some impartial advice, please call us today on 0161 428 0445 or complete our contact form by clicking on this link 

Another Enforcement Notice Overturned on Appeal

Farooq and the team have achieved a rare feat in the world of planning – we have helped secure the withdrawal of a Council’s  Enforcement Notice.

This case has proved to be a very painful lesson for the local authority. Rather than listening to objections by vociferous neighbours, it is important that Councils make fair and subjective decisions on planning applications.

Had the Council recognised their mistake and investigated the application in a sensible manner, they would have saved not just themselves, but the property owner and the Planning Inspectorate, a lot of time and money. It could now become even more painful, as future proposals indicate the Council may have to reimburse the Planning Inspectorate’s costs as well.

We’re hoping that this example might just install more discipline to all those involved in the planning process.

If you find yourself in a similar situation and would like some advice on how to submit a planning appeal, then please contact us today.

Planning permission granted and Enforcement Notice quashed for a London business

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Inspire Planning Solutions expertise has won an appeal against an Enforcement Notice on behalf of Hi-Tech Motor Centre in North London.

We were approached by the Car Body Repair & M.O.T centre in February following the issuing of an Enforcement Notice served by the London Borough of Haringey Council. The Notice followed a refusal of retrospective consent for alterations undertaken to the roof above the vehicle service garage, dating back to October 2014.

The Council was of the opinion that the revised roof form had an adverse effect on the amenity of a neighbouring first floor flat by reason of a material loss of outlook. In presenting our case, we were able to effectively demonstrate that while the revised roof form has slightly increased the overall height of the roof, the adjacent flat continued to benefit from good levels of natural day light and a reasonable outlook would still be guaranteed. We also further advanced the benefits of the revised roof form from an environmental and economic point of view. The Inspector agreed with the case we presented, concluding:

 

“On balance, I consider that the Alterations do not have any significant adverse impact on residential amenity of the occupiers of the flats at Nos. 484 or 486. There is no other evidence before me that the Alterations have any significant impact on the residential amenity enjoyed by any other residential occupiers living nearby including those at Willow Court. Accordingly, I find no conflict with the relevant parts of the Development Plan.”

 

As the Enforcement Notice has been quashed and consent granted, our Client is looking forward to getting back to concentrate on their business. If you’re looking to appeal against a planning application refusal or Enforcement Notice, we have the expertise to help you. Get in touch with us now and see how our experienced team can help you.