Costs Award for Written Appeals

• Posted by Karyn Middleton on 2nd Feb ’09 at 15:12 GMT
• 0 comments

It may soon be possible for costs to be awarded on written representation appeals, following a government consultation on the issue.

Under the Planning Act 2008, the Planning Inspectorate will be able to determine whether appeals should be written representations, hearings or inquiries, on behalf of the Department for Communities and Local Government (DCLG) Secretary, Hazel Blears.

Currently, applicants can decide how they would like their appeal heard, and often elect to have a hearing or an inquiry when the appeal could satisfactorily be dealt with by the written representations method. This involves all parties as well as additional time and cost which will now be avoided by the Planning Inspectorate having the power to determine which appeal method will be employed.

Currently, costs can only be awarded on planning appeals dealt with by hearings and inquiries, but the DCLG has said it is unfair to prevent people from seeking costs in written cases, where one party has acted unreasonably. An award of costs would only be made if an Inspector considers that one or other party has behaved unreasonably, by for example, not being able to provide evidence to justify their position, or by the late withdrawal of an appeal. An award of costs is not dependent upon the outcome of the appeal itself, but is considered as a separate decision.

By allowing an application for an award of costs in written representations cases, local authorities will be required to make planning training for councillors, mandatory. As most appeals are dealt with by written representations, local authorities will become more accountable for the decisions made by their councillors. It is hoped that this change will discourage councillors from being unduly swayed by pressure from third parties, such as local pressure groups, and will result in councillors being more educated with regard to planning matters. Sound planning decisions backed by evidence (rather than local opinion and pressure) will ensure that local authorities will be able to defend successfully against applications for costs.

Local Government Associations have voiced concern that this change to the appeals process could lead to an increase in planning appeals, resulting in increased costs and pressure on the Local Authorities. However if an application is decided on sound planning objections and less on unjustified third party concerns, then an applicant would be more inclined to accept a refusal and less likely to seek costs.

Although there are possible negatives for Local Authorities, this change to the system means that the planning application system will be more customer-focused and anyone who feels justified in seeking costs in planning appeals will now be able to do so.

For further information please contact David Jones on david.jones@evansjones.co.uk or 01242 522822.