Following the grant of planning permission for a retrospective application for a part single/part two storey rear extension to a residential property in Southampton, the Council withdrew the Enforcement Notice which they had served on the owners of the property.

 The Planning Inspectorate considered that the Council behaved unreasonably in serving the Enforcement Notice whilst an application was under consideration.  This necessitated abortive work to be undertaken in lodging an appeal against the Enforcement Notice, which then did not proceed.  Bryan Jezeph Consultancy made an application for costs to the Planning Inspectorate.

 A full award costs was made against Southampton City Council.  It was concluded that the Council acted unreasonably in issuing the Enforcement Notice which was subsequently withdrawn.  It was further concluded that the Council acted unreasonably in not promptly withdrawing Notice, which was eventually withdrawn some 3 weeks after planning permission was granted.  As a result of the Council’s unreasonable behaviour the Appellant incurred wasted expense.