Costs Awards in Planning Appeals
Q15 How and when should I apply for costs?
There is no formal procedure or application form. Your application should explain why you consider the other party has acted unreasonably, and how this has caused you to incur unnecessary expense.
An application for costs should be made to the Inspector at the hearing or inquiry, where one is held. If you apply before the inquiry (or hearing) is over, the Inspector will then be able to consider the relevant arguments.
Either the appellant or the LPA can, and may wish to:
- provide a written statement of their grounds in advance
- alert the other side of their intention to apply for costs at the hearing or inquiry, and on what grounds.
Written submissions disclosed to each side in advance could save valuable time in hearing oral submissions on costs by avoiding unhelpful surprises which can lead to delays on the day. The principle of early disclosure which applies to planning evidence should apply equally to any intention to seek an award of costs against the tests of unreasonable behaviour leading to unnecessary expense. However, either party can add if necessary to submissions already made, on the day to the Inspector, if they wish.
In the exceptional cases (see Q3) where costs can be awarded if the appeal proceeds by an exchange of written representations and a site-inspection, a clearly stated application should normally be made in writing (addressed to the Case Officer) before the date of the site-inspection. Please Note: it is not enough to submit a vaguely worded application or to merely say you intend to make an application for costs.
In a cancelled inquiry or hearing (see Q6), an application for costs should be submitted no later than 4 weeks from the date of the notice of cancellation. The address to write to is at the back of this pamphlet.
