The Planning Inspectorate- Wales

Cost Awards in Planning Appeals

Q2 In what cases can I apply for my costs?

The National Assembly can award costs in many different cases - appeals and other categories of proceedings. Comprehensive guidance is in Welsh Office Circular 23/93 (DOE Circular 8/93), referred to in the introduction. For simplicity, this pamphlet refers to `appeals' and `appellants'.

The most common cases are appeals against a local planning authority's refusal of planning permission, and issue of an enforcement notice. Costs awards are also available in advertisement consent appeals (when they proceed by a hearing) and other appeals under the Planning Acts; and also in some inquiry (but not hearing) proceedings under other legislation. For example, the National Assembly can award costs to, or against, the parties in definitive map modification order cases under the Wildlife and Countryside Act 1981, in which objectors are heard at an inquiry. Guidance specific to these and other rights of way cases is in Welsh Office Circular 5/93 (DOE Circular 2/93) on Public Rights of Way. The Department will be able to advise you about any particular case.

Costs awards are also available in compulsory purchase order (CPO) cases, but on a different basis. This is explained in the booklet `Compulsory Purchase and Compensation' series, entitled 'Compulsory Purchase Procedure'. It is obtainable from the Welsh Assembly Government, Roads Administration Division, Cathays Park, Cardiff, CF1 3NQ or in England, Office of the Deputy Prime Minister, Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB tel: 0870 1226236 . A fuller statement is in Welsh Office Circular 23/93 (DOE circular 8/93), referred to above.