Q&As

Where planning permission is granted on appeal and a partial award of costs is obtained, is it possible for the claim for costs to include a claim for Community Infrastructure Levy (CIL), in circumstances where CIL is payable in connection with the planning permission only because a CIL charging schedule was adopted after the refusal by the local planning authority but before the successful appeal resulting in the grant of planning permission?

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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys
Published on LexisPSL on 11/02/2019

The following Planning Q&A Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys provides comprehensive and up to date legal information covering:

  • Where planning permission is granted on appeal and a partial award of costs is obtained, is it possible for the claim for costs to include a claim for Community Infrastructure Levy (CIL), in circumstances where CIL is payable in connection with the planning permission only because a CIL charging schedule was adopted after the refusal by the local planning authority but before the successful appeal resulting in the grant of planning permission?

Parties are usually expected to meet their own costs in planning appeals, however, there is provision for an award of costs to be made in certain circumstances.

The guidance as to when an award of costs may be made is set out in the Planning Practice Guidance, Appeals chapter, paragraphs 030–033 for appeals relating to sites in England. For sites in Wales, the guidance is set out in the Development Management Manual—Section 12 Annex: Awards of Costs.

Both sets of guidance make clear that in order for co

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