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Aldham farmer fails in appeal and told to pay 'substantive' costs

Local News by Nub News Reporter 1st Feb 2023  
Frog Hall Farm application refused, costs awarded against John L Jewers
Frog Hall Farm application refused, costs awarded against John L Jewers

A planning inspector has ruled against an Aldham farmer's attempt to convert an agricultural building into a house and has ordered him to pay costs.

John Jewers of Frog Hall Farm appealed against Babergh's decision not to allow him to build the house on the site of a barn last year, which was refused on ecological grounds.

The planning inspector ruled that unreasonable behaviour by Mr Jewers resulted in unnecessary and wasted expense to Babergh had been demonstrated and that a full award of costs is justified.

Mr Jewers tried to counter sue Babergh for costs, claiming the planners had acted unreasonably but the inspector said failure to demonstrate his case meant no award would be made against the council.

Although no amount has yet been decided, the costs are described as potentially substantive and Babergh will invite Mr Jewers to reach after a detailed assessment has been sent to him.

  • Planning Ref: DC/22/02160
  • https://www.gov.uk/planning-inspectorate 
  • Costs Decision APP/00000/3300695

Application to determine if Prior Approval is required for a proposed Change of Use of Agricultural Buildings to Dwellinghouses (C3) and for building operations reasonably necessary for conversion. Town and Country Planning (General Permitted Development)(England) Order 2015 as amended Schedule 2, Part 3, Class Q - Conversion to form 1No dwelling.

     

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