The Planning Inspectorate- Wales

Costs - Circular 23/93 (Welsh Office)

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

Annex 1 General Principles for Awards of Costs for Unreasonable behaviour in Appeals and other planning procedures

Introduction

1. In planning and other proceedings to which this guidance applies, the parties normally meet their own expenses. Except for compulsory purchase and analogous orders (which are dealt with in Annex 6), costs are awarded only when what is termed "unreasonable" behaviour is held to have occurred. Annexes 1 to 4 give examples of "unreasonable" behaviour, either directly or indirectly by reference to what is expected of parties in planning proceedings. The word "unreasonable" is used in its ordinary meaning, as reflected in the High Court's judgement in the case of Manchester City Council v. Secretary of State for the Environment and Mercury Communications Limited [1988] J.P.L. 774.

2. The principle that the parties normally meet their own expenses means that, in proceedings to which this guidance (except Annex 6) applies, awards of costs do not necessarily "follow the event". A decision on a costs application, when made, does not follow directly from the result of the appeal itself. An appellant is not awarded costs simply because the appeal succeeds. Nor are the planning authority awarded their costs simply because the appeal fails. An award against a successful party may very occasionally be justified. (For example, a partial award may be made against a successful appellant for behaviour resulting in procedural delay.)

3. Examples of unreasonable behaviour, and more detailed guidance on the circumstances in which parties may be at risk of an award of costs, are stated in Annexes 2 to 4. A summary is in the Appendix to the Circular. Guidance on seeking an award of costs is in Annex 5.