We enjoy doing appeals, more so when we win. As a rule though, we prefer to avoid them by working with the LPA to achieve, where we can, a successful outcome.
Where that is not possible though, an appeal can be necessary. In this case, the Council served an enforcement notice seeking removal of a Shepherd’s Hut used for the sale of ice cream. We initially tried VERY hard to get the Council to see that planning permission was not needed, however, without success.
We thus had no choice but to pursue the appeal in order to safeguard the client’s primary source of income, which has already been negatively impacted due to the pandemic.
The appeal has been allowed (the ‘sweet’), with the Inspector confirming the case we presented from the outset – that planning permission was not needed to place the Shepherd’s Hut in the curtilage of the café, using it for the sale of ice cream, even with the café being a listed building in the conservation area.
The Inspector also granted a full award of costs due to the Council’s unreasonable behaviour. It was right that costs were awarded so the appellant didn’t have to pay the costs for an appeal that was ultimately unnecessary. But this is the ‘bitter’ – there should have been no need for the appeal at all; and the costs are ultimately incurred by all those who live and work locally through their business rates and council tax.
The client was of course overjoyed with the outcome and is looking forward to reopening in the near future and hoping the warm weather continues. We wish them all the best and success for the future.
Please do not hesitate to contact us on 01242 231575 or email firstname.lastname@example.org.