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Document 5 - Costs Decison - Wynchwood Lane

Argyll and Bute Council · 21 May 2024
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https://www.gov.uk/planning-inspectorate 
Costs Decision
Hearing Held on 26 June 2019
Site visit made on 25 and 26 June 2019
by Alexander Walker MPlan MRTPI
an Inspector appointed by the Secretary of State
Decision date: 16th July 2019 
Costs application in relation to Appeal Ref: APP/P0240/W/18/3210480
Former Shefford Lower School, land off Wynchwood Lane, Shefford SG17
5XA
• 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 Mr Troy Mayer on behalf of Black Horse Residential Ltd.  for
a full award of costs against Central Bedfordshire Council.
• The hearing was in connection with an appeal against the refusal of planning permission
for the demolition of existing building and erection of 7 new dwellings. 
Decision
1. The application for an award of costs is allowed in the terms set out below.
The submissions for Mr Troy Mayer on behalf of Black Horse Residential
Ltd.
2. The applicant claims that whilst the decision notice refers to a single policy,
Policy DM3 of the Central Bedfordshire Core Strategy and Development
Management Policies (CSDMP) 2009, the Council has provided no evidence as
to why the proposal does not accord with this policy.
3. Furthermore, the Council have proposed the site for development from the
marketing exercise.  The approach taken by the local highway authority that
the access of Wynchwood Lane is unsuitable would sterilise the site, which is an
unreasonable turnaround on behalf of the Council
The response by Central Bedfordshire Council 
4. The Council refute the applicant’s first claim as Policy DM3 is clearly identified
in the reason for refusal.  Furthermore, it was not necessary to raise it in
addition to the applicant’s discussion on Policy DM3 during the hearing.
5. In response to the second claim, the Council state that the local planning
authority and highway authority were not involved in the preparation of this
evidence submitted at the marketing stage of the site.  Furthermore, whilst the
pre-application advice was in favour of the proposal, this does not prejudice the
local planning authority’s consideration of the formal submission of the
application.

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Costs Decision APP/P0240/W/18/3210480 
https://www.gov.uk/planning-inspectorate                          2
Reasons
6. Planning Policy Guidance advises that, irrespective of the outcome of the
appeal, costs may only be awarded against a party who has behaved
unreasonably and thereby caused the party applying for costs to incur
unnecessary expense in the appeal process.
7. The reason for refusal set out in the decision notice is complete, precise,
specific and relevant to the application.  It also clearly states that the proposal
would conflict with Policy DM3 of the CSDMP.  This reason was adequately
substantiated by the Council in its statement of case, which demonstrates how
the proposal would harm highway safety, with particular regard to visibility and
access for refuse collection vehicles.  Whilst the Council does not explicitly refer
to DM3 in in its statement of case, the applicant evidently identified the
relevance of this policy, stating during the hearing that bullet point 8 was the
relevant part of the policy, to which the Council agreed.  By the inclusion of this
Policy within the reason for refusal, and with bullet point 8 being the only
relevant part of it to this proposal, it is clear to infer from this and their
remaining evidence that the Council finds that the proposal does not
incorporate appropriate access.
8. Therefore, in this regard, I do not consider that the Council have behaved
unreasonably.
9. With regard to the second claim, the site was marketed by the Council.  In
support of this marketing exercise was a Transport Statement, prepared by
PSP Consulting for Bidwells, on behalf of the Council’s Estates Department. 
The statement identifies that there is adequate 2m x2m pedestrian visibility
splays at the point of access from the site onto Wynchwood Lane.  There is no
indication as to whether the access off Wynchwood Lane onto Ampthill Road
would be suitable.  Nevertheless, the statement concludes that there will be no
objection from the highway authority to the residential redevelopment of the
site.
10. Following the applicant’s purchase of the site, a pre-application enquiry was
submitted to the Council for the demolition of the existing building and erection
of 7 dwellings.  In respect of issues pertaining to Highway Safety and Car
Parking, the response was that the access route along Wynchwood Lane would
be sufficient to allow two way traffic movements and with a footway of nearly
3m along Ampthill Road visibility at the junction meets design standards.  I
note that it does not specifically refer to driver/pedestrian or driver/driver
inter-visibility.  Nevertheless, given that these are fundamental highway safety
considerations, it seems highly unlikely that both of these aspects were not
considered.  
11. There is no evidence that the development plan and any relevant guidance has
changed since the marketing exercise was carried out and the pre-application
advice given.  The Council confirmed that the advice given was that of the
individual officer at the time, who no longer works for the Council. 
Nevertheless, the advice given was on behalf of the Council.  The appellant,
understandably, submitted the application on the basis of this advice. 
12. The current Council highways officer considers that the proposal does conflict
with the development plan and relevant guidance.  Whilst I appreciate that the
pre-application advice is not binding upon the Council, it clearly indicates that

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Costs Decision APP/P0240/W/18/3210480 
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there would be no objection to the proposal on highways grounds.  The sudden
change in the Council’s position, which stemmed purely from a change in the
highways officer considering the proposal, as confirmed by the Council,
resulted in the application being refused and the subject appeal being lodged. 
I find that this sudden change in position without any reasonable justification,
other than a difference of professional opinion between two Council officers,
amounts to unreasonable behaviour on behalf of the Council.  Such behaviour
provides a great deal of uncertainty to the developer, particularly in this
instance as the application was submitted with a justifiable expectation that it
would be approved.
13. As I have found that the proposal would not result in any significantly harmful
effect on highway safety, as a result of this unreasonable behaviour the
appellant has incurred unnecessary costs in the appeal process.
Conclusion 
14. I conclude therefore that unreasonable behaviour resulting in unnecessary or
wasted expense has been demonstrated and that a full award of costs is
justified.  
Costs Order 
15. In exercise of the powers under section 250(5) of the Local Government Act
1972 and Schedule 6 of the Town and Country Planning Act 1990 as amended,
and all other enabling powers in that behalf, IT IS HEREBY ORDERED that
Central Bedfordshire Council shall pay to Mr Troy Mayer on behalf of Black
Horse Residential Ltd., the costs of the appeal proceedings described in the
heading of this decision. 
16. The applicant is now invited to submit to Central Bedfordshire Council, to whom
a copy of this decision has been sent, details of those costs with a view to
reaching agreement as to the amount.
Alexander Walker  
INSPECTOR