HMO appeal costs denied

Planning costs application for a property in Wellington, Telford, has been rejected following an appeal.

An Inspector appointed by the Secretary of State has refused to award costs to Mr and Mrs Kudhail, who were appealing against a decision by Telford and Wrekin Council.

The appeal concerned a proposed two-storey rear extension and change of use from a single family dwelling to a 12-bedroom House in Multiple Occupation (HMO) at 93 Watling Street. The council had refused planning permission for the development which was subsequently pushed through on appeal.

Mr and Mrs Kudhail sought a full award of costs against the council, arguing that its behaviour was unreasonable and caused them to incur unnecessary expenses. They alleged the council’s refusal reasons were unevidenced, lacked precision, and were inconsistent with the view of the Highways Authority.

However, the Inspector, N Robinson, was satisfied that the council’s case was suitably substantiated and detailed. While the council’s view on highways differed from that of the Highways Authority, the Inspector concluded that the council had put forward a reasoned case.

The Inspector’s report also addressed a claim that the council’s ecologist’s comments were withheld, which prevented a necessary bat survey from being commissioned. The Inspector noted that while the ecologist’s comments were forwarded a month after they were made, the appeal would have been inevitable anyway due to other issues raised by the council.

The Inspector also found no compelling evidence of inconsistency in the council’s application of planning policies or of any undue political influence in the decision, despite comments from a Councillor being referenced.

The decision was made on 10 September 2025 following a site visit on 2 September 2025.