Award of costs during planning appeal

[lovemakespeace]

Hello :)

We just had our planning application turned down at the Planning Applications Committee. The whole process has been completely shambolic from start to finish and we will definitely be appealing - and we would like to appeal for our costs too.

I was just wondering - we paid £470 for a letter from a Planning consultant to present to the PAC. She thought we may be able to get this back if costs were awarded but I've just had a look on the Planning Practice Guidance website and I don't think you can? Is it correct you can only get costs that are directly incurred in the appeals process?

Many thanks :)

[PotteringAlong]

We appealed and won but didn't get costs back. Although to be honest I'm not sure we asked for them!

[Waxlyrically]

You may be awarded costs, if you appeal, either independently by the Inspector or by putting a case forward. This is only if the decision is an unreasonable one ie not a disagreement over a matter of judgement such as design but something like a refusal due to noise with no data to prove noise is an issue. This only covers the cost of the appeal though. If your gripe is the proceedure used to reach the decision it may be the ombudsman you need to approach.

[lovemakespeace]

Thanks both - so wax I am right in thinking we wouldn't get the £470 back for the PAC letter as that was part of the planning application rather than the appeal? (I know they don't actually award a set amount but just wanted to be realistic about what the amount might be before we decided whether to appeal for costs ourselves or pay someone to do it).

I don't have any shortage of gripes but under the list of reasons for "type of behaviour may give rise to a substantive award against a local planning authority" let's just say I won't have a shortage of things to say!! ;)

[Waxlyrically]

No the cost of the PAC letter wouldn't be included. If the Lpa were unreasonable in asking for it at all it may be something you could make an ombudsman case about. However, if it was justification for something they had to consider regardless of outcome being favourable to your case or not, this is unlikely to be successful. The costs of the appeal ie a consultant to support you would normally be covered providing the costs part your appeal was successful of course - so is an element of risk.

[lovemakespeace]

Thanks wax - that is as I understood the process to be :) I'll let you know how we get on!