Darlington Borough Council ordered to pay full costs of planning appeal for residential annexe

The Advertiser Series: Darlington Borough Council ordered to pay full costs of planning appeal for residential annexe Darlington Borough Council ordered to pay full costs of planning appeal for residential annexe

A RESIDENTIAL annexe that was refused planning permission by Darlington Borough Council has been allowed on appeal by the planning inspector.

The council has been ordered to pay the full cost of the appeal after the planning inspector ruled that its planning committee acted ‘unreasonably’ by going against the advice of officers and refusing the application.

The application for a single-storey annexe to a detached property in Tees Grange Avenue, in the Hummersknott area of Darlington, was turned down by the council in June last year on the grounds that it would cause a visual impact, loss of privacy and general noise disturbance to nearby residents.

That decision was against the advice of the council’s planning officers who had recommended approval, despite the concerns of neighbours, because there were no sound planning reasons to refuse it.

Following an appeal to the Planning Inspectorate by the applicant, represented by planning consultants England and Lyle, inspector Gary Deane carried out a site visit and heard representations from the parties involved.

His report stated: “A new single storey building would be introduced in place of a garage that would be sufficiently well removed from [neighbouring properties] to avoid any undue harm to the living conditions of these properties.”

Mr Deane imposed a condition that the building can only be used as an annexe to the existing residential building.

On the matter of costs, Mr Deane noted that costs in an appeal case may only be awarded against a party that has ‘behaved unreasonably and thereby caused unnecessary or wasted expense in the appeal process’.

He added: “I have little doubt that the council has behaved unreasonably because it has failed to show why the development should not proceed and has not substantiated the reason for refusal at appeal.

“To my mind the council has prevented development that should clearly have been permitted.”

Jeremy Good, director of England and Lyle, said: “Clearly we are delighted with the Inspectors ruling which has approved our clients’ proposal.

“This decision again illustrates that such decisions cannot be made without financial consequences to the council.”

Following the ruling, the applicants can now submit their claim to the council to have their appeal costs paid in full.

Comments (13)

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3:26pm Wed 19 Feb 14

oliviaden6 says...

In the interests of Public opinion how much has this cost the tax payers of Darlington???
In the interests of Public opinion how much has this cost the tax payers of Darlington??? oliviaden6

3:29pm Wed 19 Feb 14

Homshaw1 says...

So councillors overrule professional advice provided at ratepayer's expense and money is spent paying the applicant's legal expenses leaving even less for other hard pressed services.

What a bunch of dingbats!
So councillors overrule professional advice provided at ratepayer's expense and money is spent paying the applicant's legal expenses leaving even less for other hard pressed services. What a bunch of dingbats! Homshaw1

3:50pm Wed 19 Feb 14

BMD says...

The single-storey annexe to a detached property in Tees Grange Avenue, in the Hummersknott area of Darlington.

You could get a small Eastern European work-force living there or a large South Eastern community.
The single-storey annexe to a detached property in Tees Grange Avenue, in the Hummersknott area of Darlington. You could get a small Eastern European work-force living there or a large South Eastern community. BMD

3:56pm Wed 19 Feb 14

Lifetime Townie says...

Homshaw1 wrote:
So councillors overrule professional advice provided at ratepayer's expense and money is spent paying the applicant's legal expenses leaving even less for other hard pressed services.

What a bunch of dingbats!
And this is the mentality of those we voted in to represent us!
[quote][p][bold]Homshaw1[/bold] wrote: So councillors overrule professional advice provided at ratepayer's expense and money is spent paying the applicant's legal expenses leaving even less for other hard pressed services. What a bunch of dingbats![/p][/quote]And this is the mentality of those we voted in to represent us! Lifetime Townie

4:44pm Wed 19 Feb 14

black&whitehorse says...

i have not had a problem with planning permision in darlington
i have not had a problem with planning permision in darlington black&whitehorse

5:06pm Wed 19 Feb 14

Homshaw1 says...

oliviaden6 wrote:
In the interests of Public opinion how much has this cost the tax payers of Darlington???
I think you will need a freedom of information request to find that out.
[quote][p][bold]oliviaden6[/bold] wrote: In the interests of Public opinion how much has this cost the tax payers of Darlington???[/p][/quote]I think you will need a freedom of information request to find that out. Homshaw1

6:49pm Wed 19 Feb 14

oliviaden6 says...

Homshaw1 wrote:
oliviaden6 wrote:
In the interests of Public opinion how much has this cost the tax payers of Darlington???
I think you will need a freedom of information request to find that out.
Thank you Cheers
[quote][p][bold]Homshaw1[/bold] wrote: [quote][p][bold]oliviaden6[/bold] wrote: In the interests of Public opinion how much has this cost the tax payers of Darlington???[/p][/quote]I think you will need a freedom of information request to find that out.[/p][/quote]Thank you Cheers oliviaden6

10:49pm Wed 19 Feb 14

PJ Chingford says...

Why does everyone think a Freedom of Information request is needed to get information, here's an idea, once the costs claim is settled just ring and ask them or drop them an e mail!
Why does everyone think a Freedom of Information request is needed to get information, here's an idea, once the costs claim is settled just ring and ask them or drop them an e mail! PJ Chingford

9:46am Thu 20 Feb 14

Lifetime Townie says...

PJ Chingford wrote:
Why does everyone think a Freedom of Information request is needed to get information, here's an idea, once the costs claim is settled just ring and ask them or drop them an e mail!
Because if you do FOI through What Do They Know web site any request is displayed and monitored and the council reply is broadcast nationally under FOI rules.
[quote][p][bold]PJ Chingford[/bold] wrote: Why does everyone think a Freedom of Information request is needed to get information, here's an idea, once the costs claim is settled just ring and ask them or drop them an e mail![/p][/quote]Because if you do FOI through What Do They Know web site any request is displayed and monitored and the council reply is broadcast nationally under FOI rules. Lifetime Townie

12:33pm Thu 20 Feb 14

Apocalypse Later says...

Mr and Mrs Singh are over the moon that their already enormous house will be even bigger soon.
Mr and Mrs Singh are over the moon that their already enormous house will be even bigger soon. Apocalypse Later

1:08pm Thu 20 Feb 14

Homshaw1 says...

PJ Chingford wrote:
Why does everyone think a Freedom of Information request is needed to get information, here's an idea, once the costs claim is settled just ring and ask them or drop them an e mail!
I have found in the past that they are obstructive in releasing information that reflects negatively on them. Even when you make a FOI request it is not uncommon to be told the information is not readily available.
[quote][p][bold]PJ Chingford[/bold] wrote: Why does everyone think a Freedom of Information request is needed to get information, here's an idea, once the costs claim is settled just ring and ask them or drop them an e mail![/p][/quote]I have found in the past that they are obstructive in releasing information that reflects negatively on them. Even when you make a FOI request it is not uncommon to be told the information is not readily available. Homshaw1

11:05pm Sat 22 Feb 14

Spy Boy says...

oliviaden6 wrote:
Homshaw1 wrote:
oliviaden6 wrote:
In the interests of Public opinion how much has this cost the tax payers of Darlington???
I think you will need a freedom of information request to find that out.
Thank you Cheers
Good luck with that one. Their record of failed court cases matches their dismal rate of failures and cost overruns on every major project that I can recall. VOTE THEM OUT.

I wonder what is behind this story ? Is it that a friend of some council official complained about the extension and that's why it was refused ? Maybe this should be investigated by the Police. There must be something going on behind the scenes.
[quote][p][bold]oliviaden6[/bold] wrote: [quote][p][bold]Homshaw1[/bold] wrote: [quote][p][bold]oliviaden6[/bold] wrote: In the interests of Public opinion how much has this cost the tax payers of Darlington???[/p][/quote]I think you will need a freedom of information request to find that out.[/p][/quote]Thank you Cheers[/p][/quote]Good luck with that one. Their record of failed court cases matches their dismal rate of failures and cost overruns on every major project that I can recall. VOTE THEM OUT. I wonder what is behind this story ? Is it that a friend of some council official complained about the extension and that's why it was refused ? Maybe this should be investigated by the Police. There must be something going on behind the scenes. Spy Boy

12:49am Mon 24 Feb 14

Spy Boy says...

Apocalypse Later wrote:
Mr and Mrs Singh are over the moon that their already enormous house will be even bigger soon.
Hint of racism here too. Has that been looked into ?
[quote][p][bold]Apocalypse Later[/bold] wrote: Mr and Mrs Singh are over the moon that their already enormous house will be even bigger soon.[/p][/quote]Hint of racism here too. Has that been looked into ? Spy Boy

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