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Planning Permission: Costs

Volume 492: debated on Tuesday 12 May 2009

To ask the Secretary of State for Communities and Local Government what estimate has been made of the effect of recent changes to the planning appeals system in relation to extending the costs regimes on local authorities' expenditure for paying out cost claims to applicants who make a planning application and are refused but who win on appeal. (273718)

An assessment of the impacts of the guidance in Circular 03/09 ‘Costs Awards in Appeals and other Planning Proceedings’ and the extension of the costs regime to appeals dealt with on the basis of representations in writing can be accessed via the following link:

http://www.communities.gov.uk/publications/planningandbuilding/impactassessmentcosts

Parties to an appeal are normally expected to meet their own expenses. Costs will normally be awarded where the following conditions have been met:

a party has made a timely application for an award of costs;

the party against whom the award is sought has acted unreasonably; and

the unreasonable behaviour has caused the party applying for costs to incur unnecessary or wasted expense in the appeal process—either the whole of the expense because it should not have been necessary for the matter to be determined by the Secretary of State or appointed Inspector, or part of the expense because of the manner in which a party has behaved in the process.