Avoiding Costs at Appeal

There is only one thing worse than losing a planning appeal, and that is having costs awarded against you. The outcome of an appeal doesn’t automatically result in a costs award, it requires a party to have behaved unreasonably and for the other party to have incurred wasted expense.

In one recent case in Devon, a costs award was made against the Appellant to pay the Council’s costs, which is quite a rare occurrence. After reading on, it transpired that the Appellant had failed to supply the Council with information requested part way through considering a planning application. This can be frustrating yes, but in this instance, it appeared a straightforward request that should have been picked up in validation. Fast forward, and the application was refused, an appeal dismissed, and the Appellant was on the wrong side of a costs award.

“I therefore find that unreasonable behaviour resulting in unnecessary and wasted expense in the appeal process has been demonstrated and that a full award of costs is justified.”

It is important to have the right professional planning advice, during an application and at appeal. If you have a costs application made against you, it is vital to put forward a robust defence to prevent appeal becoming even more costly.

Inspire Planning Solutions have a 100% perfect record of success on costs application. We have won costs against both a London Borough and a West Midlands Council in just the last few weeks alone, as they were both found to have behaved unreasonably.

If you have had a bad planning experience with a Council, please contact us for advice and guidance on your possible next steps.

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