Happy C2C client awarded some of her costs back for having to pursue an appeal

Council’s need to be careful when pandering to objectors when refusing planning permission or relying on “cut and paste” exercises from previous reasons for refusal.

Paragraph 030 of the Planning Practice Guidance (the PPG) advises that, irrespective of the outcome of the appeal, costs may be awarded where a party has behaved unreasonably and that unreasonable behaviour has directly caused another party to incur unnecessary or wasted expense in the appeal process.  Paragraph 049 of the PPG states that examples of unreasonable behaviour by local planning authorities include failure to produce evidence to substantiate each reason for refusal on appeal and vague, generalised or inaccurate assertions about a proposal’s impact that are unsupported by any objective analysis.

The Council’s position could not be substantiated at appeal and the Inspector indicated that we could apply to the Council to pay for our costs in pursuing this reason for refusal.

 

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