Planning Appeals can be expensive affairs and it is expected that all parties will usually cover their own expenses. However; in certain circumstances you may be eligible for a “Cost Award”. This allows you to claim the full or part of the costs of your Appeal and is enforceable by a court order.
All types of appeal procedure including Written Representations, Hearings and Inquiries can be subject to an award of costs. The amount you are able to claim will cover the cost engaging consultants and for their representations throughout the appeal process. It also covers the costs of the application itself and the use of a range of professional expertise to provide detailed and technical advice. However, costs are only awarded where there has been some unreasonable conduct by a party. i.e. the appeal could or should have been avoided.
The costs application is submitted separately, at the same time as the planning appeal supported by a full statement detailing why an award of costs is considered justified. The reasons for refusal, as cited by the council, should be addressed independently. Unnecessary costs must be quantified and proven. You should note that a Costs Award should only be applied for where it is felt fully justified that the “other party” has acted unreasonably. Refusal of planning permission in itself is not adequate reason for claiming costs.
Hearings and inquiries require the appellant to submit an advance written statement of their grounds or written skeleton argument and disclose this to the other party so that the intention to claim for costs is made clear from the outset.
When a Costs Award is granted it does not specify the amount to be paid however, it gives directions for the award to be calculated and the parties have to agree the costs following receipt of the Award. If the amount cannot be agreed then the matter can be referred to a Costs Officer of the Supreme Court Costs Office, for a detailed assessment of the amount.
A Costs Award is not common procedure and it is not automatically awarded following a successful appeal. Likewise, an unsuccessful appellant is not expected to automatically cover the other side’s costs. It is perfectly feasible that, whilst you may claim for a full cost Award, you will only be granted a partial award or even refused a costs claim in its entirety if it is not deemed applicable. Where the application for a full award is allowed in part, a proportion of the expense of making the application will be recoverable accordingly.
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