Q&As

Can a claimant recover pre-action costs for a potential claim under section 288 of the Town and Country Planning Act 1990? When the Local Planning Authority returned the matter to a Planning Committee, the outcome was favourable for the claimant, resulting in no s 288 claim being made.

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Published on LexisPSL on 05/05/2021

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Can a claimant recover pre-action costs for a potential claim under section 288 of the Town and Country Planning Act 1990? When the Local Planning Authority returned the matter to a Planning Committee, the outcome was favourable for the claimant, resulting in no s 288 claim being made.
  • Section 288 challenges
  • Pre-Action Costs
  • Recovery of pre-action costs—proceedings not commenced

Can a claimant recover pre-action costs for a potential claim under section 288 of the Town and Country Planning Act 1990? When the Local Planning Authority returned the matter to a Planning Committee, the outcome was favourable for the claimant, resulting in no s 288 claim being made.

Section 288 challenges

Section 288 of the Town and Country Planning Act 1990 (TCPA 1990) applies to (list abridged for clarity):

  1. orders under TCPA 1990, s 97 (order revoking or modifying planning permission), TCPA 1990, s 102 (orders requiring discontinuance of use or alteration or removal of buildings or works) and TCPA 1990, s 221(5) (orders creating special advertisement control areas)

  2. tree preservation orders

  3. orders made pursuant to TCPA 1990, Sch 9, paras 1, 3, 5 or 6 (orders relating to mineral workings)

  4. any decision on an application made to the Secretary of State under TCPA 1990, s 62A (applications made directly to the Secretary of State where the local planning authority (LPA) is in special measures)

  5. any decision on an application referred to the Secretary of State under TCPA 1990, s 76A (Secretary of State's powers as respects planning applications and decisions)

  6. any decision on an application for planning permission referred to the Secretary of State or the Welsh Ministers under TCPA 1990, s 77 (call-in of applications by the Secretary of State)

  7. any decision on an

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