Costs Awards in Planning Appeals
Q8 Can costs be awarded against me if I decide not to proceed with my appeal?
Yes. Once you have been formally notified of the inquiry or hearing date, you are at risk if you cause its cancellation without good reason. See also Q6 above. The Secretary of State will carefully consider the reasons for your decision, which you will be invited to state in writing. An award of costs is unlikely to be made if you can show good reason for withdrawing when you did - for example, if the local planning authority have granted planning permission, with conditions or not, for the same development; or if there has been some other relevant and material change since you appealed. If you do decide to withdraw your appeal, or any of the grounds of the appeal (for example, in an enforcement notice appeal), you should notify the Planning Inspectorate immediately , by letter or fax to the Case Officer, quoting the appeal reference number.
In the exceptional kind of case mentioned in Q3 - for example, an enforcement notice appeal proceeding by written representations - an award of costs may be made if an appeal or enforcement notice is withdrawn at any stage during the proceeding, without good reason.
