The following Planning practice note Produced in partnership with Sarah Batterton of Ashurst LLP provides comprehensive and up to date legal information covering:
Guidance on costs awards for planning appeals in England is set out in Planning Practice Guidance (PPG).
In Wales, the relevant guidance is contained in Development Management Manual—section 12 Annex: Award of Costs (the DMM).
An award of costs is an order which states that one party shall pay to another party the costs, which may be in full or in part, which have been incurred by the receiving party during the process by which the Secretary of State/Welsh Ministers/inspector’s decision is reached. The costs order states the broad extent of the expense the party can recover from the party against whom the award is made. It does not determine the actual amount.
Parties to planning appeals are normally responsible for their own costs. However, in certain circumstances a costs award may be made against a party to the appeal proceedings. Where a party has behaved unreasonably, and this has directly caused another party to incur unnecessary or wasted expense in the appeal process, they may be subject to an award of costs.
The purpose of the costs regime is to:
encourage all those involved in the appeal process to behave in a reasonable way and follow good practice, both in terms of timeliness and in the presentation of full and detailed evidence to support their case
encourage local planning authorities (LPAs) to properly
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