RE: 1p initial target .Massive day tomorrow26 Nov 2020 11:24
What type of behaviour may give rise to a substantive award against a local planning authority?
Local planning authorities are at risk of an award of costs if they behave unreasonably with respect to the substance of the matter under appeal, for example, by unreasonably refusing or failing to determine planning applications, or by unreasonably defending appeals. Examples of this include:
preventing or delaying development which should clearly be permitted, having regard to its accordance with the development plan, national policy and any other material considerations.
failure to produce evidence to substantiate each reason for refusal on appeal
vague, generalised or inaccurate assertions about a proposal’s impact, which are unsupported by any objective analysis.
refusing planning permission on a planning ground capable of being dealt with by conditions risks an award of costs, where it is concluded that suitable conditions would enable the proposed development to go ahead
acting contrary to, or not following, well-established case law
persisting in objections to a scheme or elements of a scheme which the Secretary of State or an Inspector has previously indicated to be acceptable
not determining similar cases in a consistent manner
failing to grant a further planning permission for a scheme that is the subject of an extant or recently expired permission where there has been no material change in circumstances
refusing to approve reserved matters when the objections relate to issues that should already have been considered at the outline stage
imposing a condition that is not necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects, and thus does not comply with the guidance in the National Planning Policy Framework on planning conditions and obligations