Do you feel there was 'unreasonable behaviour' during a planning appeal? If so, this guide explains when and how to claim planning appeal costs and what type of award you could get.
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.
The actual process for the decision determines the appeal deadline. For example some appeals get decided:
The planning appeal costs claim deadline is different for those made about:
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:
You can only make a claim for costs if they are 'directly' related to the appeal. Typical examples include the cost of the:
Note: You cannot claim a planning appeal cost if it relates to the original application for planning permissions.
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 costs 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'.
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:
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.
How to Claim Planning Appeal Costs in the United Kingdom