The Planning Inspectorate- Wales

Cost Awards in Planning Appeals

Q1O If I ask to be heard before an Inspector, could the local planning authority be awarded their costs on the ground that the case could have been adequately dealt with by written representations?

No. Costs will not be awarded simply because one of the parties has asked for an inquiry or hearing. The appellant and the local planning authority have a statutory right to be heard by `a person appointed by the National Assembly'; and the exercise of that right will not be regarded as unreasonable conduct, even if the case might adequately have been dealt with by written representations. Equally, you would not be penalised for declining the offer of an informal hearing and asking for an inquiry.

However, if you do ask to be heard, you should realise that the possibility of an award of costs may arise.