The following Planning guidance 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.
In Wales, the relevant guidance is contained in government guidance ‘Cost Awards in Planning Appeals (Wales)—a guide for appellants’.
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.
Costs awards are available in planning appeals and proceedings begun on or after 6 April 2009 pursuant to the:
Town and Country Planning Act 1990
Planning (Listed Buildings and Conservation Areas) Act 1990
Planning (Hazardous Substances) Act 1990 and
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.
Principal and third parties may apply for costs and have costs awarded against them.
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