The National Planning Practice Guidance (‘the guidance’) states that costs may be awarded where a party has behaved unreasonably; and the unreasonable behaviour has directly caused the other party to incur unnecessary or wasted expense in the appeal process.
A planning Inspector or the Secretary of State has power to award costs under s322 and 322A of the Town and Country Planning Act 1990 where costs enabling powers under s250 (5) of The Local Government Act 1972 are set out. An Inspector may make either a partial award or a full award of costs. Unusually, although unreasonable behaviour is a condition for the making of an award, costs are assessed on the standard and not the indemnity basis.
Under the guidance, the receiving party is first invited to submit details of its costs to the paying party in an attempt to reach an agreement. Absent agreement, the receiving party may apply to the Administrative Division of the High Court and apply to have the award expressed as a formal High Court order to enable the commencement of detailed assessment proceedings and to trigger an interest entitlement.
Afqar Dean has dealt with in excess of 100 planning cases, including many complex telecoms planning appeals for one of the World’s largest global telecoms companies as well as costs claims for international developers.
Please contact Afqar with any planning costs enquiries.
Alternatively, please feel free to contact us on 020 3693 7186 or by email on email@example.com