UNREASONABLE BEHAVIOUR: In some cases, the behaviour of people involved in your appeal may cost you money.
For example, you may lose out ‘financially’ if the other party missed the appeal deadlines.
The applicant can apply to claim planning appeal costs – called an ‘award of costs‘. The claim goes to the Planning Inspectorate.
But, an unsuccessful claim will mean reaching an agreement with the other party. In this case, there is no fixed rate of how much they should pay.
Applicants can also have costs awarded against them too – even during their own appeal. If you behave ‘unreasonably’ they can also ask you to pay costs.
Note: The Planning Inspectorate can make a claim against an applicant. This may occur even if nobody else claims costs against you.
Planning Appeal Cost Claim Deadline
The actual process for the decision determines the appeal deadline. For example some appeals get decided:
- At a hearing (or an inquiry): You must apply before the hearing closes.
- In writing: Make an application when you appeal for householder, commercial, and Tree Preservation Orders (TPO). The deadline is before the final comments stage for any other claims made in writing.
The planning appeals costs claim deadline is different for those made about:
- A site visit (e.g. they failed to attend): You must apply within seven (7) days.
- An appeal withdrawal or a planning enforcement notice: Make the application within four (4) weeks.
When You Can Claim Planning Appeal Costs
There are certain times when you may be able to claim appeal costs. As a rule, it only applies when it is someone involved in your appeal. You can claim if they behave ‘unreasonably’ and the situation costs you money.
Typical examples include times when the other party:
- Fails to co-operate with the applicant (or others involved).
- Misses the deadlines.
- Fails to attend a site visit, an inquiry, or a hearing.
- Gives information that was incorrect.
- Gives information that got declared after a deadline.
Award of Costs You Can Claim
You can only make a claim for costs if they are ‘directly’ related to the appeal. Typical examples include the cost of the:
- Time spent preparing to make an appeal.
- Attendance for a hearing or an inquiry.
- Payments for the use of consultants to give detailed technical advice.
- Witnesses if you have to reimburse them for their services.
Note: You cannot claim a planning appeal cost if it relates to the original application for planning permissions.
How to Claim Planning Appeal Costs
Make a claim for costs using the ‘Apply for an award of appeal costs: application form‘. Fill in the form and then return it to the address written on the document.
The process for claiming planning appeal cost also allows you to write a letter to the ‘Planning Inspectorate‘. You must inform them why you think someone behaved ‘unreasonably‘ and how it cost you ‘financially‘.
What Happens after the Claim?
Claims get considered by the Planning Inspectorate. The party charged with costs get an opportunity to make their response in writing.
A successful claim means the claimant will get either:
- A full award of costs. That means you get to recover all your costs as well as the cost of claiming.
- A partial award of costs: That means you get to recover some of your costs incurred.
The award process does not stipulate how much money you should get. It is the claimant’s responsibility to prove to the other party or parties how much the appeal cost them.
Note: What are the options available if the other party refuses to pay up? In this case, you can make a court claim for money to recoup your losses.