Council to pay for unreasonable behaviour

WARRINGTON Borough Council has been ordered to pay costs to a woman who successfully appealed against a planning decision.
Independent planning inspector Brendan Lyons, who dealt with the appeal says the council showed “unreasonable behaviour” and as a result the appellant, Susan Underwood, incurred unnecessary expense.
Mrs Underwood appealed after the council refused permission for a change of use of a house in Warrington Road, Culcheth, to two consultants’ rooms.
Mr Lyons says the sole reason for refusing Mrs Underwood’s planning application related to the risk to highway and pedestrian safety resulting from anticipated parking on the busy main road in front of the property, where both sides of the road are covered by full waiting restrictions.
He says considerable evidence was provided in support of the application to address the issue of parking
In addition to nearby public parking, the applicants proposed the dedicated use of six spaces on a nearby restaurant’s car park.
The inspector adds: “It is not clear on what precise basis council members concluded that the availability of off-street parking would be inadequate and that hazardous illegal parking would take place.
“I consider the council has not been able to show that the decision – contrary to officer advice – was taken on reasonable planning grounds.
“I conclude that unreasonable behaviour by the council has been shown and that as a result the appellant incurred the unnecessary expense of the appeal. A full award of costs is justified.”