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Modified: 20-Mar-2008

Costs Awards in Planning Appeals

Q3 Can costs be awarded only if my appeal proceeds by a public local inquiry or a hearing?

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Generally, yes. Applications for costs are not normally accepted where planning appeals proceed by written representations. There are some exceptions, notably enforcement notice and lawful development certificate appeals, where the costs of the proceedings may be awarded even though no inquiry or hearing is held. The Planning Inspectorate will tell you if your appeal is in this category. Costs may also be awarded in appeals under the Planning Acts, where an inquiry or hearing has been arranged, but has to be cancelled at a late stage due to 'unreasonable' behaviour by the appellant or local planning authority.