Prism Planning Scores Appeal Victory and Costs Against Local Council in Yorkshire Housing Battle

Prism Planning has secured a significant victory on appeal, gaining planning permission for up to 200 homes on land adjacent to Low Lane and Thornaby Road in Ingleby Barwick, Stockton-on-Tees. 

The Planning Inspectorate not only allowed the appeal but also delivered a stinging rebuke to Stockton-on-Tees Borough Council, awarding a full award of costs against them for their "unreasonable behaviour."

The now approved development includes provision for a neighbourhood centre, multi-cultural centre, primary school, an extension to Maltby Cricket Club, and open space, alongside the much-needed housing.

The appeal followed the Council's refusal of the initial planning application, a decision the Inspector found to be significantly flawed. The Inspector's report highlighted that at the time of the appeal submission, the Council's claimed five-year housing land supply included the very site in question. By refusing permission on this and other allocated sites, the Inspector noted the Council had "potentially reduced that level of supply to below five-years."

Furthermore, the Inspector pointed to the 2024 revisions to the National Planning Policy Framework, which are "likely to significantly increase the amount of housing required in the area," and the Council's own admission that their Local Plan is now out of date and requires a full update. This context led the Inspector to conclude that the "presumption in favour of sustainable development" now applies to the proposal.

Crucially, the Inspector found "no adverse impacts of granting planning permission which would significantly and demonstrably outweigh the benefits," particularly when considering policies promoting sustainable locations, effective land use, good design, and affordable homes. The proposal was deemed to accord with the development plan, especially given its allocation for residential use.

The decision to award a full recovery of costs against Stockton-on-Tees Borough Council underscores the severity of the Inspector's findings regarding their conduct. The report explicitly states that the Council demonstrated "many of the behaviours" listed in the Planning Practice Guidance as potentially unreasonable.

The Inspector found that the Council failed to provide substantial evidence to support their reasons for refusal, particularly for a development on a site allocated within their own Local Plan and bordering existing and ongoing development. This refusal was deemed "plainly unreasonable" and directly led to the "unnecessary or wasted expense" of the appeal for the applicants, represented by Prism Planning.

This decision marks a significant step forward for housing delivery in Ingleby Barwick and serves as a strong message to local authorities about the importance of evidence-based decision-making in planning matters. Stockton-on-Tees Borough Council will now be required to pay the full costs of the appeal proceedings. 

This successful appeal, complete with a full award of costs, underscores Prism Planning's expertise and proven track record in navigating the complexities of the planning system. With an experienced team adept at building robust cases and effectively presenting them at appeal, Prism Planning consistently achieves positive outcomes for their clients. If you are facing planning challenges, contact Prism Planning today to see how their skills can help you secure the permissions you need.