Casebook: Appeal cases - Mixed use Development. Lack of evidence justifies costs against appellant

A proposal to develop a primary school and retirement homes in the south Wales countryside has been dismissed and a full award of costs made in favour of the local planning authority.

The site comprised open fields and woodland on the edge of a village.

The inspector found that the appellant had put forward no tangible evidence to justify housing in the countryside and the local education authority had already identified a site in the village for a new school. The scheme would create an unwarranted intrusion into the countryside, he considered.

The inspector noted that the appellant had failed to produce a pre-inquiry statement of the case and no written evidence had been submitted to the inquiry. He decided that the appellant had failed to provide evidence to justify a scheme that flew in the face of established planning policies and this justified awarding the council its costs in opposing the appeal.

DCS No: 100039281; Inspector: Clive Cochrane; Inquiry.

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