Appeal success and costs for Kendrick Homes

Tyler Parkes is pleased to have successfully appealed the refusal of a full application for the 7 dwellings on behalf of our Clients, Kendrick Homes Ltd, with a full award of costs.

The appeal site consists of a 0.36 hectare paddock located within the Green Belt at the north edge of, but outside, the settlement boundary of Romsley within Bromsgrove District. The planning application was refused by the Council, against Officer recommendation; with the reasons for refusal citing concerns over pedestrian and resident safety, the density of the development and the housing mix.

Tyler Parkes was instructed by Kendrick Homes Ltd to appeal the decision to the Planning Inspectorate and in doing so sought an award of costs against the Council for unreasonable behaviour and for refusing the application for vague, generalised and unsubstantiated reasons.

In assessing the appeal, the Planning Inspector found that there were no highways or pedestrian safety grounds for refusal, finding no conflict with the National Planning Policy Framework. In terms of housing mix and density, the Inspector concluded that the proposed development made the best use of the land and provided a good mix of housing which was fully in line with the Council’s relevant Housing Policy.

The appeal was allowed by the Inspector, with a full award of costs made against the Council, with the Inspector stating: “The refusal of planning permission …. constitutes unreasonable behaviour …. and the appellant has been faced with the unnecessary expense of lodging the appeal. I therefore find that unreasonable behaviour …. and an award of costs is justified.”.