Rural appeal success with costs

A second appeal win with costs in as many months against Cotswold District Council and Gloucestershire Highways just outside Moreton in Marsh.

The Inspector was clear that the Council’s decision had no proper evidential basis with the refusal relying on vague and generalised claims about highway safety, which were never substantiated despite our submission of a comprehensive technical case with clear evidence on traffic generation, accident records and access design.

Instead of properly engaging with that evidence, the Council and its Highway Authority offered only a cursory, single-sentence response, leaving their position wholly unsupported by analysis or reasoning.

To make matters worse, the Inspector found that CDC had applied policies inconsistently compared with other, similar local schemes and could not explain why a different outcome was reached in this case.

The consequence was that our client was forced into an unnecessary appeal to overturn a refusal that lacked any proper foundation, resulting in wasted time and expense for which the Inspector awarded a full order of costs.

This process has unreasonably delayed a modest and proportionate farm diversification project that is now more important than ever, while leaving the taxpayer to foot the bill.

It is deeply disappointing to see wholly compliant applications, those which support jobs and economic resilience in the countryside, being refused in this way. Our hope is that following two consecutive adverse costs awards, Cotswold District Council will reflect carefully and begin to engage with applicants more constructively going forward... Maybe not...

It is also noteworthy that the same individual at GCC Highways has been responsible for both costs awards. I think it is probably time that someone had a little word in their ear...

(Photograph of lethal stretch of farm track in question)