The Planning Inspectorate (Wales) - Cost Awards in Planning Appeals

Introduction

This pamphlet has been prepared by the Welsh Assembly Government and the Office of the Deputy Prime Minister (ODPM). It explains how one party to an appeal may possibly have to pay another party's costs. It is relevant if you appeal to the National Assembly for Wales or the Office of the Deputy Prime Minister, against a planning decision taken by the local planning authority, and a public local inquiry or hearing is held to consider the appeal. The advice may also interest other people (known as third parties) who participate in appeal proceedings.

The guidance summarised in this pamphlet applies to a wide range of planning proceedings. Some examples are given at Ql.

This guidance also applies to certain proceedings for which no inquiry or hearing is held because the parties prefer to proceed by written representations -for example, enforcement notice appeals. It also applies to cases where an inquiry (or hearing) has to be cancelled because the appeal is withdrawn. Fuller details are given in Q2 and Q6.

Parties to appeal and other proceedings are normally expected to meet their own expenses. But if an application is made, the National Assembly for Wales or Planning Inspector may make an award of costs where one party has behaved `unreasonably' and has caused another party to incur unnecessary expense as a result. This guidance briefly explains how an award of costs can arise; the procedures for applying for costs; and what considerations are taken into account in deciding whether to make an award.

The same considerations apply whether the appeal decision is made by the National Assembly for Wales or the Secretary of State, or by an Inspector to whom the appeal has been transferred for decision.

Important note: This guidance gives advice only and has no legal force. It is intended mainly for appellants who are not professionally represented. A fuller statement of the National Assembly's policy on awards of costs is given in Welsh Office Circular 23/93 (Department of the Environment Circular 8/93) on Awards of Costs Incurred in Planning and Other (Including Compulsory Purchase Order) Proceedings, issued in March 1993 and available from HMSO bookshops. You are advised to read that Circular if, after reading this pamphlet, you think you may wish to apply for your costs, or may be at risk of having costs awarded against you.

Cost Awards in Planning Appeals

Introduction

Related Links