What is a Planning Appeal?

A planning appeal is a legal process where a decision made by a local planning authority regarding a planning application is challenged. Appeals typically arise when a planning application is refused, but they can also be triggered by other issues, such as:

Non-determination:

When a local authority fails to make a decision within the required time frame (usually 8 to 13 weeks, depending on the application).

Conditions:

If a planning permission is granted with conditions that the applicant finds unacceptable or too restrictive.

Enforcement notices:

When an authority serves an enforcement notice, usually for unauthorized development or breach of planning control.

Planning appeals are handled by the Planning Inspectorate in England and Wales, or the equivalent body in Scotland and Northern Ireland, and can be dealt with through written representations, hearings, or public inquiries, depending on the complexity of the case.

Planning Appeal Costs Guidance

You may be able to claim costs from a planning appeal if a party involved in the appeal behaves unreasonably and this action costs you money.

You can make a claim for an ‘award of costs’ to the Planning Inspectorate and if you are successful, you will need to reach an agreement with the other party regarding how much they need to pay.

There are deadlines to consider for when you can make a claim for costs, such as:

• At a hearing or inquiry you should submit a costs application before it closes.
• If you are applying in writing you should do so before the final comments stage for most things but for orders regarding householder, commercial and tree preservations, you should claim costs at the time of making the appeal.
• For claims relating to site visits, you should apply within 7 days of the date of the site visit and for claims relating to a withdrawn appeal of an enforcement notice, applications should be made within 4 weeks.

When Can a Claim for Planning Appeal Costs be Made?

If a party behaves unreasonably and costs you money as a result, you may be able to recover the legal costs involved in your planning appeal

Unreasonable behaviour can include the following:

• Failure to co-operate with you or other parties involved in the planning application
• Missing deadlines
• Failure to attend site visits, hearings or inquiries
• Giving incorrect information or declaring information after a certain deadline

You will be able to claim costs which directly relate to the appeal, for example:

• Costs of any time taken in preparing for the appeal
• Costs of attending a hearing or inquiry
• Costs incurred for the use of consultants used to provide expert advice
• Costs of any witness which you may have incurred

However, it should be noted that costs cannot be claimed relating to the original planning application, simply in relation to the appeal.

The Costs Application Process

The process of claiming costs during a planning appeal follows a structured timeline:

Submission of the Costs Application:

Costs can be applied for at various stages of the appeal process:

• At hearings or inquiries: Costs applications must be submitted before the event closes.
• For written representations: Costs should be claimed before the final comments stage.
• Specific scenarios (e.g., householder, commercial, tree preservation orders): Costs applications should be made alongside the appeal submission.

Assessment and Award:

Once a claim is submitted, the Planning Inspectorate will assess whether the claim is justified. If an award is made, the parties must agree on the amount to be paid, usually through negotiation.

Disputes and Recovery:

In cases where an agreement cannot be reached, the dispute may proceed to a formal costs assessment by a Costs Judge or equivalent body.

How Can ARC Costs Assist?

ARC Costs are a team of specialist Costs Draftsmen and Costs Lawyers who can assist in costs related matters. We can provide you with planning appeal costs guidance, guiding you on when to claim, how to claim, and how to strengthen your application for costs.

Alongside this, if you are awarded costs, we can assist in preparing a Bill of Costs on your behalf for costs which you have incurred and advise you on which costs are likely to be recoverable. We can negotiate with the paying party on your behalf and proceed with the costs claim until recovery of your costs, even if this is required through enforcement.

Similarly if a costs award has been made against you, we can assist you in disputing this award if you feel it was unfairly made. Furthermore, we can assist in disputing any costs which you deem to be unreasonable by using legal statutes and common law to dispute the reasonableness of costs being claimed.

Should your costs dispute proceed to a costs assessment or hearing, as Costs Lawyers we can also provide advocacy and assistance throughout this hearing process. 

To discuss your costs claim further, please do not hesitate to contact us on 01204 397302 or info@arccosts.co.uk. Alternatively, you may complete our online enquiry form and we will be in touch to discuss your query further.

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