Costs Awards in Planning Appeals
Q2 In what cases can I apply for my costs?
The Secretary of State can award costs in many different cases - appeals and other categories of proceedings. Comprehensive guidance is in DOE Circular 8/93 (Welsh Office Circular 23/93), 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.
Costs awards are also available in compulsory purchase order (CPO) cases, but on a different basis. This is explained in the DTLR booklet 1 of the 'Compulsory Purchase and Compensation' series, entitled 'Compulsory Purchase Procedure' It is obtainable from ODPM Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB, telephone 0870 1226 236 or in Wales from Welsh Assembly Government, Roads Administration Division, Cathays Park, Cardiff, CF10 3NQ. A fuller statement is in DOE Circular 8/93) (Welsh Office Circular 23/93), referred to above.
