Costs - Circular 23/93 (Welsh Office)

Award of costs incurred in planning and other (including compulsory purchase Order) Proceedings

Introduction

1. This Circular updates and consolidates the policy guidance on awards of costs in certain planning and other proceedings. It follows public consultation and a careful review of the current guidance in Welsh Office Circular 5/87.

2. Interim guidance, in Welsh Office 77/91, on "Awards of Costs in Planning Proceedings, Following Late Cancellation of an Inquiry or Hearing", was issued on December 16, 1991. This explained (in Annex 1) how it was proposed to exercise the new discretionary power, in section 322A of the Town and Country Planning Act 1990 (inserted by section 30 of the Planning and Compensation Act 1991), which came into force on January 2, 1992, to award appeal costs following the late cancellation of an inquiry or hearing by either principal party. The interim Circular also explained the introduction of costs awards in hearing cases from January 2, 1992.

3. Annexes 1 to 7 to this Circular now provide revised guidance, including legislative developments arising from the Planning and Compensation Act 1991, as follows:

• Annex 1: general principles for awards of costs for unreasonable behaviour
• Annex 2: general procedural requirements of appeals: unreasonable behaviour
• Annex 3: unreasonable behaviour relating to the substance of the case, Including action prior to submission of appeal
• Annex 4: application of costs policy to third parties in proceedings
• Annex 5: the costs application
• Annex 6: costs in respect of compulsory purchase and analogous orders (including a list of examples of analogous orders)
• Annex 7: list of proceedings in which costs may be awarded where an inquiry or hearing is held.

A brief summary of the criteria for awards of costs on grounds of unreasonable behaviour is in the Appendix to this Circular.

Explanatory pamphlet

4. A revised explanatory pamphlet ("Costs Awards in Planning Appeals - A Guide for Appellants"), is obtainable from the following addresses: -

In Wales: The Planning Inspectorate, Cathays Park, Cardiff CF1 3NQ;
Tel. 029 2082 3866

In England: Planning Inspectorate, Costs Branch, 4/08 Kite Wing , Temple Quay House, 2 The Square, Temple Quay House, Bristol, BS1 6PN. Tel: 01173 728594

Scope of revised arrangements

5. The new guidance in Annexes 1 to 6 will apply to all appeals made, or other proceedings begun, on or after the date of this Circular, as follows: -

• all the categories of inquiry and hearing proceedings listed in Annex 7, except for those specified in paragraph 8 below; and
• the inquiry proceedings mentioned in paragraph 9 below.

---

Accessibility | Contact Us | Privacy Statement | Site Feedback | Site Map | Planning Portal | Directgov | Gov news | Crown Copyright © 2004

---