5 days Ago
Lewes District Council has been ordered to pay a developer’s appeal costs in connection with a rural housing development. Earlier this month, a planning inspector issued a decision connected with plans to create two four-bedroom homes in Ham Lane near Wivelsfield Green. The scheme, which had been submitted to Lewes District Council in October 2023, involved the demolition of several agricultural buildings formerly used as kennels and stables.
It followed on from an earlier proposal to build two dwellings on the site, which involved the conversion rather than demolition of these same buildings. According to documents submitted by the applicant, listed only as Mr R Fawehimi, the council had said it initially intended to determine the scheme before the end of December 2023. But, the applicant says, the authority did not offer any written feedback on the plans until March 2024.
In response to this feedback, the applicant submitted revised proposals and agreed to extend the determination deadline to June the same year. This deadline passed without further feedback, leading to the applicant submitting an appeal on grounds of non-determination in July. The appeal was not contested by the council, which issued its own approval of the scheme in October.
This approval was reconfirmed in an appeal decision issued alongside the costs decision. In their costs decision notice, the planning inspector said: “There is an expectation that local planning authorities will work proactively with applicants. That can extend to securing amendments which are considered necessary in the context of a particular case.
As such, it was not in principle unreasonable for the council to seek amendments, to address relevant policy concerns. “However, that process was highly protracted, with repeated delays on the part of the council, as well as unfulfilled expectations of constructive feedback on both the initial application and the amended plans. “The council acknowledges that it was very late dealing with the application and has not disputed the appellant’s timeline.
” The inspector added: “The council’s behaviour delayed development which should clearly have been permitted. There is no substantive reason for the overall level of delay and better communication could have enabled the appeal to be avoided altogether.” “In those circumstances, the [Planning Practice Guidance] warns that an award of costs may be made.
” For further information see application reference LW/23/0631 on the Lewes District Council planning portal..
