Third time unlucky

Show this one to your stubborn client who refuses to heed your expert advice not to appeal.

An inspector dealing with the proposed residential conversion of a derelict building in north Yorkshire has awarded costs against the appellants, finding that they had acted unreasonably in appealing (DCS Number 400-016-970).

The planning application which was the subject of the appeal was the third submission at the site for a residential dwelling, the inspector noted. The first two applications had been refused planning permission, with one also being dismissed at appeal. The council submitted that the appellants had acted unreasonably insofar as their case failed to address or clearly justify a departure from both national and local planning policy. The inspector acknowledged that the proposal had evolved with regard to design. Nevertheless, the location of the proposal remained outside the development limits for the purposes of planning policy and, as such, the site was located within open countryside.

The scheme was plainly in conflict with both local and national plan policy, the inspector determined. She found that the unreasonable behaviour resulting in unnecessary or wasted expense, as described in the PPG, had been demonstrated and that a full award of costs was justified.

The following DCP section is relevant: 6.12

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