Appeal allowed with full costs awarded
This was a particularly strong result.
Not only was planning permission granted on appeal for a two-storey rear extension, but the inspector also made a full award of costs against the council. That is a rare outcome and reflects serious flaws in the way the application was handled.
The refusal
The council refused planning permission on two grounds:
- that the extension was poor design and out of keeping
- that it would harm neighbouring living conditions
On paper, these are standard reasons for refusal. The difficulty for the council was that they were not supported by any proper analysis.
The appeal
We submitted a detailed appeal demonstrating that the proposal was entirely typical of the area.
The extension was to the rear and would not be visible from the street. The terrace already displayed a wide range of rear extensions, including a first-floor extension at the adjoining property.
The inspector agreed, finding that:
- the extensions would sit comfortably within the existing pattern of development
- the design was proportionate and subordinate
- there would be no material harm to neighbouring occupiers
The appeal was allowed and planning permission granted.
The costs award
In addition, the inspector made a full award of costs against the council.
Costs are only awarded where a council has behaved unreasonably.
In this case, the inspector was clear that:
- the council had relied on vague and generalised assertions about harm
- there was no detailed assessment of the impact on neighbours
- key material considerations — including the pattern of existing extensions — had not been properly taken into account
- the council had taken an inconsistent position compared to an earlier application at the same site
In short, the refusal was not properly evidenced or justified.
As a result, the clients had been put to unnecessary expense in pursuing the appeal, and the council was required to pay their costs.
Refused permission? Don’t give up!
A refusal of planning permission is not the end of the road. Where a decision is not properly reasoned or supported by evidence, it can often be overturned — and in some cases, the council can be required to cover the cost of the appeal.
The appeal inspector was highly critical of Kingston Council’s decision in this case and not only granted full planning permission for the two-storey rear extension but made a full costs award (meaning that the council has to pay our client’s costs of preparing and submitting the appeal).
Given the extensions at other houses, the inspector did not agree with the council that there could be any harm to the neighbours. She was critical of the council for not providing any detailed analysis of why the extensions would harm neighbours and was particularly critical of their decision given that they had not raised the issue of impact on neighbours when refusing a similar previous proposal for the site.
We were very pleased with the decision because it was so obviously unfair.
If you need help with a planning refusal, please do not hesitate to contact our team. To find out more about how you can win costs awards, check out our guide to costs awards and the government’s guidance.
Martin Gaine’s book on How to Get Planning Permission has a chapter on planning appeals and a section on how to win an award of costs.
