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Modified: 20-Mar-2008

Costs Awards in Planning Appeals

Q9 Can costs be awarded against me if I am not professionally represented?

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Yes. Wilfully unco-operative behaviour by any party whether or not professionally represented, may result in an award of costs. Examples of such behaviour would be a refusal to supply an adequate pre-inquiry statement of the grounds of appeal when asked to do so, or refusal to discuss the appeal with the planning authority before the inquiry or hearing, when invited.

Failure to notify the Planning Inspectorate of a change of address may be unreasonable if this leads to unnecessary attendance at the inquiry or hearing by another party. Where technical issues of planning or legal precedent or procedure arise, the Secretary of State, in judging whether behaviour was unreasonable, would consider the professional advice obtained by the party in question - and also any warning given by the local planning authority (see Q7 ).

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