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

The following Planning practice 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 on costs awards in planning appeals
  • England
  • Wales
  • Purpose of costs awards in planning appeals
  • 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?
  • More...

Costs in planning appeals do not follow the event. An inspector/the Secretary of State/Welsh Ministers have a wide statutory discretion to award costs against any party to an appeal. However, the Secretary of State/Welsh Ministers have published policy on costs awards which is applied on appeal decisions.

Government guidance on costs awards in planning appeals

England

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

Wales

In Wales, the relevant guidance is contained in Development Management Manual—section 12 Annex: Award of Costs (the DMM).

Purpose of costs awards in planning appeals

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

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