Planning to appeal [electronic resource]

The costs of appeals against a refusal of planning permission, or the failure of a local planning authority (LPA) to determine a planning application within the prescribed timescale, has now been clarified and updated and a new costs circular issued (Circular 03/2009 Costs Awards in Appeals and other Planning Proceedings), on 6 April 2009 [see L147188]. It is now possible to apply for an award of costs against the LPA in all appeals, whether they have been processed by written representations, informal hearings or inquiry. Equally, the LPA may seek an award of costs against the appellant. Previously, an award of costs could be sought only when an appeal was processed by hearing or inquiry. An award of costs can also now be sought at all stages in the appeals process, even if the appeal is withdrawn before being determined. An award of costs is usually made if one of the parties to the appeal has behaved unreasonably. The previous costs circular 8/93 has been cancelled. A copy of the new costs circular can be accessed online at www.communities.gov.uk