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Modified: 14-Apr-2008

Costs Awards in Planning Appeals

Appendix

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THE PLANNING INSPECTORATE

AWARD OF APPEAL COSTS:

LOCAL GOVERNMENT ACT 1972 - SECTION 250(5)

HOW TO APPLY FOR A DETAILED AND INDEPENDENT ASSESSMENT WHEN THE AMOUNT OF AN AWARD OF COSTS IS DISPUTED.

This note is for general guidance only. If you are in any doubt about how to proceed in a particular case, you should seek professional advice.

If the parties cannot agree on the amount of costs to be recovered, either party can refer the disputed costs to a Costs Officer or Costs Judge for detailed assessment1. This is handled by:

The Supreme Court Costs Office
Clifford's Inn
Fetter Lane
London EC4A 1DQ

(Tel: 0207 9477124) 

But before this can happen you must arrange to have the costs award made what is called an order of the High Court2. This is done by writing to:

The Crown Office
Royal Courts of Justice
Strand
London WC2A 2LL.

You should refer to section 250(5) of the Local Government Act 1972, and enclose the original of the order of the Secretary of State, or his Inspector, awarding costs. A prepaid return envelope should be enclosed. The High Court order will be returned with guidance about the next steps to be taken in the detailed assessment process.

1 The detailed assessment process is governed by Part 47 of the Civil Procedure Rules that came into effect on 26 April 1999. You can buy these Rules from Stationery Office bookshops (formerly HMSO) or look at copies in your local library or council offices.

2 Please note that no interest can be claimed on the costs claimed unless and until a High Court order has been made. Interest will only be run from the date of that order.

The address to contact if you are applying for costs in the circumstances mentioned at Q15 and Q16 of the pamphlet (or if you wish to obtain further copies of the pamphlet) is:

In England

The Planning Inspectorate
4/10 Eagle Wing
Temple Quay House
2 The Square
Temple Quay
BRISTOL BSI 6PN

Tel 0117 3728594 (England only)

In Wales

The Welsh Assembly Government
Cathays Park
CARDIFF CF10 3NQ

Tel 029 2082 3866 (Wales only)