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Modified: 20-Mar-2008

Costs Awards in Planning Appeals

Q5 When will costs be awarded?

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An award of costs is always at the Secretary of State's discretion. But he would normally make an award if:

  1. one of the parties has applied for costs at the appropriate stage - usually before the inquiry or hearing is concluded; or immediately after receiving confirmation that the inquiry (or hearing) has been cancelled; or before the Planning Inspector's site inspection in the exceptional kind of case mentioned in Q3 ; and 
  2. a party has behaved 'unreasonably'; and
  3. this 'unreasonable' behaviour has caused the applicant for costs to incur or waste expense unnecessarily.

 

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