Planning Direct offers a wide range of written statements to accompany most types of planning applications, planning appeals, planning enforcement cases and planning objections.
This page contains some useful information about appeal costs applications which are written documents that accompany applications for an award of costs.
Did you know? Anyone who submits a planning appeal can make an application for an award of costs at the same time.
An application for an award of costs seeks to have your appeal costs covered by another party. That other party is normally your local council.
Want to find out more about the recovery of appeal costs, including when costs are awarded, when you should apply for costs and what costs can be recovered? Then please follow the link below.
Want to find out more about some of our other written statements? Follow the links below.
WHAT ARE APPEAL COSTS APPLICATIONS?
Appeal costs applications are also known as award of costs applications. Currently, costs can only be recovered with planning appeals. Unfortunately, it is not possible to recover application costs.
The primary goal of an appeal costs application is to recover some or all of the costs associated with submitting a planning appeal, including the fee paid to Planning Direct.
Costs can only be recovered where a party (normally the council) has behaved unreasonably. Moreover, this unreasonable behaviour must have directly caused unnecessary or wasted expense to the party claiming costs.
You can find out more about the award of costs process – including common examples of unreasonable behaviour – using the button below.
Appeal costs applications invariably serve the following purposes:
- Explain how the council (or other party) has behaved unreasonably, having regard to national planning guidance on “unreasonable behaviour”’
- Describe how that unreasonable behaviour has caused you unnecessary or wasted expense and what that expense is.
It’s worth being aware that costs are only ever awarded in exceptional circumstances. If you’ve instructed Planning Direct to prepare your planning appeal, we’ll always let you know if we think you have grounds to claim costs.
Will it affect my planning appeal?
Although your appeal costs application will run alongside your planning appeal, it will be the subject of a separate decision. In other words, it will have no bearing on the outcome of your planning appeal. Similarly, the outcome of your planning appeal will have no bearing on your application for costs. This means you could win the appeal but lose the costs claim or win the costs claim but lose the appeal.
If your costs claim is successful, you’ll have to reach an agreement with the other party about how much they pay.
Unsure about whether you want to apply for your appeal costs? Contact us today to let us know your concerns. Our initial advice is always free of charge.