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Court upholds costs award for unreasonable behaviour in planning appeal (Swale Borough Council v SSHCLG)

Court upholds costs award for unreasonable behaviour in planning appeal (Swale Borough Council v SSHCLG)
Published on: 05 January 2021
Published by: LexisPSL
  • Court upholds costs award for unreasonable behaviour in planning appeal (Swale Borough Council v SSHCLG)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
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Article summary

Planning analysis: The Planning Court upheld a planning inspector’s award of costs against a local planning authority (LPA), where two of the four reasons for refusal, concerning affordable housing and highways impact—were withdrawn prior to the inquiry. In respect of affordable housing, the LPA ultimately accepted that viability concerns meant that no affordable housing contribution was required, but did so late in the process; and in respect of highways impact, had agreed a Grampian condition limiting the number of dwellings occupied prior to payment of a financial contribution towards upgrading a junction, again only shortly before the start of the inquiry. Sir Ross Cranston revisited the authorities and policy on costs in planning appeals, finding that in the circumstances the inspector had not acted unlawfully in making the award of costs. Written by Josef Cannon, barrister at Cornerstone Barristers. or take a trial to read the full analysis.

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