Costs - Circular 23/93 (Welsh Office)

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

Annex 4 Application of Costs Policy to Third Parties in Proceedings

General policy on awards of costs to, or against, third parties

1. As explained in paragraph 8 of Annex 1, the term "principal party" refers (for appeal proceedings) to the relevant planning authority and the appellant. All other interested parties, including statutory consultees, whether or not they are "entitled to appear at an inquiry" under the appropriate Inquiries Procedure Rules, are defined, for the purposes of this guidance, as third parties. In the case of hearings, the Inquiries Procedure Rules do not apply, although similar considerations relating to the procedural conduct of the parties do apply.

2. Awards of costs either in favour of or against third parties, including statutory consultees, will be made only in exceptional circumstances. In general, third parties will not have costs awarded to, or against, them where unreasonable behaviour by one of the principal parties relates to the substance of the case (i.e. the appeal, or the refusal or permission, is considered unreasonable). But, where unreasonable conduct relating to procedural matters at the inquiry, or hearing, causes unnecessary expense, third parties may be awarded costs, or have costs awarded against them. An example would be an unnecessary adjournment caused by unreasonable conduct, whether of a third party or of another party.

3. The statutory provisions for awards of costs (and the procedures under which they are made) do not apply to the Crown, including Government Departments which may be represented, as third parties, in planning proceedings. These provisions remain Crown exempt. If any party considers that they have incurred "wasted" or unnecessary costs directly as a result of unreasonable conduct by a Government Department, it is open to the party to approach them directly. Under the Citizen's Charter, all public bodies should have well-publicised and easy to use complaints procedures.

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