Appeal success and award of costs for Wigan housing scheme

De Pol successfully obtained planning permission on appeal for demolition works and the erection of nine dwellings and one storage building in Wigan.

The application, which was submitted by a third party, had been refused by the Council and De Pol were approached by the developer to appeal this decision. The main issue in the appeal was the effect of the proposed development on highway safety. De Pol’s Appeal Statement, supported by technical highways statements, sought to demonstrate that the Council’s reason for refusal was unsound. Considering the appellant’s case and supporting evidence, the Inspector determined that the development would be provided with safe and suitable access and would not have a detrimental impact on highway safety. The Inspector therefore concluded that the appeal should be allowed.

An application for costs was also submitted by De Pol on behalf of the appellant due to the Council’s failure to produce evidence to substantiate their reason for refusal. A full award of costs was allowed by the Inspector who agreed that the Council had behaved unreasonably in the determination of the original planning application, resulting in the appellant incurring unnecessary and wasted expense.