A PLANNING row has ended with a national park authority having to cough up the full costs of an appeal after it "acted unreasonably".

A Government appointed planning inspector upheld Paul Sandford's appeal for the lawful use of three houses at Woodend, Ulpha, near Broughton and awarded full costs against the Lake District National Park Authority.

Mr Sandford appealed against LDNPA's refusal in part to grant a certificate of lawful use or development (LDC) for The Bothy and The Schoolhouse, which are detached buildings close to Woodend Barn, and The Buttery which is attached to Woodend Barn and sub-divided to create a separate building.

In 2006 an LDC was granted for the use of the main building at Woodend as two buildings, Woodend Barn and Woodend Cottage, but the LDC excluded the land associated with The Bothy, The Schoolhouse and The Buttery.

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Mr Sandford's agent, Coates Associates Chartered Town Planners and Landscape Architects, made an application for costs against the LDNPA on the grounds of unreasonably behaviour.

Inspector John Braithwaite said a decision could have easily been reached following a site visit, which are "essential", in cases such as this.

The inspector said: "The authority acted unreasonably, initially, by not sending an officer to visit the site to inform determination of the application.

"The application included land associated with the dwellings and the authority also acted unreasonably by not explaining why this land was excluded from the certificate.

"The only recourse open to the applicant, ultimately and as a result of this unreasonable behaviour, was the submission of the appeal. The application succeeds and a full award of costs against the Lake District National Park Authority is justified."

David Coates, of Coates Associates Chartered Town Planners and Landscape Architects, said: “This was a straight forward case, and it should never have reached the situation of the need to lodge an appeal. The planning law is explicit, and the LDNPA’s errors could have been easily remedied by the issuing of a corrected plan to replace the wrong one it issued previously.

“The Inspector also agreed that it was highly unusual for the LDNPA not to undertake an initial site visit.”

Mr Coates said this latest decision adds to other recent appeal decisions, including the awards of full costs against the planning authority.

He said:“It is no wonder that the planning appeal system is overloaded when that system is having to deal with appeal cases due to wholly unreasonably behaviour of planning authorities.”

Mr Sandford has been invited to submit details of costs to the LDNPA so an agreement can be made.

The Evening Mail contacted LDNPA about the appeal and costs decisions but the authority has yet to comment.