The Planning Inspectorate- Wales

Costs - Circular 23/93 (Welsh Office)

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

Annex 7 Proceedings in which Costs may be awarded where an Inquiry or Hearing is held or Cancelled

1. Proceedings in which an inquiry or hearing is held (or cancelled), and the Secretary of State or Planning Inspectors are empowered to award costs, by virtue of section 250 (5) of the Local Government Act 1972 and section 322A of the Town and Country Planning Act 1990, are listed below. The provisions in section 322A of the 1990 Act (introduced by section 30 of the Planning and Compensation Act 1991), concerning late cancellation of an inquiry or hearing, were brought into effect on January 2, 1992 by commencement order (S.I. 1991/2728) for appeals made on or after that date. The commencement does not apply to the cases stated in sub-paragraphs (25) to (30) of paragraph 2 below. In the case of hearings, the power to award costs arises from the partial commencement, on January 2, 1992, of section 322 of the Town and Country Planning Act 1990 (S.I. 1991/2698).

2. These proceedings include: -

(1) planning appeals under section 78 of the Town and Country Planning Act 1990;

(2) planning applications referred to the Secretary of State under section 77 of the 1990 Act;

(3) enforcement notice appeals under section 174 of the 1990 Act;

(4) listed building consent appeals under section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(5) listed building consent applications referred to the Secretary of State under section 12 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(6) listed building enforcement notice appeals under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(7) conservation area consent applications referred to the Secretary of State under section 74 (2)(a)of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(8) conservation area consent appeals under section 74 (3) of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(9) conservation area enforcement appeals under section 74 (3) of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(10) advertisement appeals, including "discontinuance notice" appeals, under section 220 of the Town and Country Planning Act 1990 and Regulation 15 of the Town and Country Planning (Control of Advertisements) Regulations 1992;

(11) orders under section 220 of the Town and Country Planning Act 1990 and Control of Advertisements Regulations designating, revoking or modifying Areas of Special Advertisement Control;

(12) appeals made before July 27, 1992, under section 195 of the 1990 Act, in respect of established use certificate applications;

(13) appeals made before July 27, 1992, in respect of applications under section 64 of the 1990 Act, to determine whether an application for planning permission is required;

(14) from July 1992, appeals under section 195 of the 1990 Act, as amended by paragraph 32of Schedule 7 to the Planning and Compensation Act 1991 (certificates of lawful development);

(15) completion notices requiring confirmation by the Secretary of State under section 95 of the 1990 Act;

(16) purchase notice references to the Secretary of State under sections 139 and 140 of the 1990 Act;

(17) listed building purchase notice references to the Secretary of State under sections 33 and 34 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(18) tree preservation order purchase notice references to the Secretary of State under section 198 (4)(b) of the 1990 Act;

(19) trees replacement enforcement notice appeals under section 208of the 1990 Act ;

(20) appeals under section 22 of, and Schedule 2to, the Planning and Compensation Act 1991against refusal of an application for registration of an old mining permission; or against determination of an area of land or conditions different from those set out in the application; or against determination of conditions to be attached to a registered old mining permission;

(21) *appeals under section 106Bof the Town and Country Planning Act 1990 (inserted by section 12 (1)of the Planning and Compensation Act 1991);

(22) hazardous substances applications referred to the Secretary of State under section 20 of the Planning (Hazardous Substances) Act 1990 and Regulations;

(23) hazardous substances consent appeals under section 21of the Planning (Hazardous Substances) Act 1990 and Regulations;

(24) appeals under section 25 of the Planning (Hazardous Substances) Act 1990 and Regulations against hazardous substances contravention notices;

(25) opposed highways or public rights of way orders under Part X of the Town and Country Planning Act 1990;

(26) **orders under sections 97 and 98 of, and Schedule 5 to, the Town and Country Planning Act 1990, revoking or modifying a planning permission;

(27) **orders under sections 23 and 24of the Planning (Listed Buildings and Conservation Areas) Act 1990, revoking or modifying listed building consent;

(28) **orders under sections 220 of the Town and Country Planning Act 1990 and Control of Advertisements Regulations revoking or modifying a grant of advertisement consent;

(29) **discontinuance orders under sections 102 and 103 of, and Schedule 9 to, the Town and Country Planning Act 1990;

(29A) **prohibition orders and orders (after suspension of winning and working of minerals) for protection of the environment, under Schedule 9 to the Town and Country Planning Act 1990;

(30) **orders under section 14 and 15of the Planning (Hazardous Substances) Act 1990 and Regulations, revoking or modifying hazardous substances consent.

*Brought into effect by commencement order on November 9, 1992 (S.I. 1992/2831), as explained in DOE Circular 28/92 (WO 66/92).

**These are regarded as analogous to compulsory purchase orders and are covered by the policy guidance in Annex 6. Examples of analogous orders are in the Appendix to Annex 6.