Costs awards in planning appeals
Produced in partnership with Sarah Batterton of Ashurst LLP
Costs awards in planning appeals

The following Planning guidance note Produced in partnership with Sarah Batterton of Ashurst LLP provides comprehensive and up to date legal information covering:

  • Costs awards in planning appeals
  • Government guidance
  • Purpose of costs awards
  • Types of appeal where costs can be awarded
  • Who can apply for costs and who can have costs awarded against them
  • Full/partial awards
  • Criteria for an award
  • What is ‘unreasonable’ behaviour?
  • Minimising risk of award of costs
  • What is 'unnecessary or wasted expense'?
  • more

Government guidance

England

Guidance on costs awards for planning appeals in England is set out in Planning Practice Guidance.

Wales

In Wales, the relevant guidance is contained in government guidance ‘Cost Awards in Planning Appeals (Wales)—a guide for appellants’.

Purpose of costs awards

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.

The purpose of costs awards is to ensure that parties to appeal proceedings act reasonably during the appeal proceedings and do not cause any unnecessary or wasted expenses in the process.

Types of appeal where costs can be awarded

Costs awards are available in planning appeals and proceedings begun on or after 6 April 2009 pursuant to the:

  1. Town and Country Planning Act 1990

  2. Planning (Listed Buildings and Conservation Areas) Act 1990

  3. Planning (Hazardous Substances) Act 1990 and

  4. Planning and Compulsory Purchase Act 2004

See Practice Note: Appeals against other planning decisions.

Costs awards are available irrespective of whether the proceedings take place by way of written representations, hearing or inquiry. See Practice Notes: Planning appeals—which procedure?Planning inquiriesPlanning appeals—hearingsPlanning appeals—written representations.

Who can apply for costs and who can have costs awarded against them

Principal and third parties may apply for costs and have costs awarded against them.

The principal

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