The Council strenuously fought an appeal relating to an extension at a property in Mayfield Road, in Sutton South Ward (St Jude’s nursing home), and sought an award of costs due to the unreasonable behaviour of the applicant. The Council has won on both counts. 

There is a history of planning difficulties with this site, with three different extensions being the subject, at different times, of appeals to the Planning Inspectorate against Council decisions. 

This application sought the retention of an outhouse built in a garden at the north end of the site, without planning permission, which had already been the subject of earlier appeals that had been lost. 

Unusually, not only did the Planning Inspector dismiss the appeal but made an award of costs. He points out in his judgement that arrangements were made for visits to the site as part of the process of determining the appeal but the applicant did not turn up. He says in the judgement: 

“For these reasons, I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in Circular 03/2009, has been demonstrated and that a full award of Costs is justified.”

Richard has attended previous appeal hearings relating to this property. He says “I am not surprised at the view the Inspector took. This appeal was never likely to succeed. I have tried to assist in sorting out the planning problems the applicant faces by arranging meetings between him and local residents. I hope he will now take the necessary action to resolve the remaining planning issues.” 

The Inspector says “The proposal would cause harm to the living conditions of the residents of the adjoining property by reason of its overbearing nature contrary to DPD Policy DM2 and the Framework, which aims to protect amenity by ensuring no adverse affect (sic) on the amenities of the occupiers of adjoining properties.” The Inspector also makes reference to the importance of the Area of Special Local Character.