A LYMM couple have been awarded costs against the borough council after successfully appealing against the council’s refusal to grant planning permission for extensions at their home in Maltmans Road.
They were also successful in an appeal against the council’s refusal to grant conservation area consent.
Planning inspector Alan Wood ruled that the council acted unreasonably in both cases and ordered the authority to pay costs incurred by Mr and Mrs Dave Tovell arising from their appeals.
Mr Wood came to the conclusion the development and associated demolition work would preserve or enhance the character of the Eagle Brow Conservation Area.
He said a previous applicaton by Mr and Mrs Tovell was refused by the council solely on the grounds of character and appearance. The second application was submitted following changes to the design of the proposal and was refused because of an oppressive and overbearing impact of the extension on a neighbouring house – a reason for refusal that was not previously cited.
He considered the council had acted unreasonably in this regard.
Mr Wood also noted that councillors had refused planning consent despite an officer recommendation of approval and noted that it was clear from the evidence that there was “considerable third party involvement” in the case.
Planning authorities should make their own objective appraisals, he added.
A borough council spokesperson said: “We are disappointed the inspector took a different view from that of the members of the planning committee.”
A LYMM couple have been awarded costs against the borough council after
successfully appealing against the council’s refusal to grant planning
permission for extensions at their home in Maltmans Road.
Costs awarded against council
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