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Planning appeal decision

Notice varied and upheld26 July 20233289912

Twin Oaks Longwater Lane, Finchampstead, WOKINGHAM, RG40 4NX

Authority
Wokingham Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Other minor developments
Inspector
Freer P

Main issues, as the Inspector framed them

  • Whether the appellants behaved unreasonably on procedural grounds, causing the Council to incur unnecessary or wasted expense
  • Whether the appellants behaved unreasonably on substantive grounds in pursuing grounds (d), (e), (f) and (g) of the enforcement appeals, causing the Council to incur unnecessary or wasted expense

What decided it

The appellants' unreasonable behaviour in pursuing enforcement grounds of appeal that had no reasonable prospect of success, and in prolonging the Inquiry through late evidence and procedural failures, directly and unnecessarily increased the Council's costs.

Framework references: 2

Plan policies cited: Policy H11 (Emerging Local Plan), Policy H12 (Emerging Local Plan), Policy AH6 (Finchampstead Neighbourhood Plan)

Judgments cited: Newham LBC v Miah [2016] EWHC 1043 (Admin)

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.