The usual rule in planning inquiries is that each side bears their own costs. But if there is unreasonable behaviour by a local planning authority or appellant, the appeal Inspector can order that some or all of the costs of one party ought to be paid by the other side. It follows that such orders are only made in exceptional circumstances. It is where incur unnecessary or wasted expense in the appeal process.
The client was served with an Enforcement Notice served by a Hampshire District Council. His planning consultant recommended that he instruct Dutton Gregory’s specialist planning solicitor Matt Gilks to represent him at the planning appeal inquiry.
At the inquiry, Matt made submissions on the technical defects in the planning notice. The Inspector agreed that the Council’s evidence simply didn’t match the allegations being made. The Inspector found that the Council had led the appellant to incur unnecessary or wasted expense in the appeal process.
Less than 90 minutes after the inquiry opened, the Council withdrew the Enforcement Notice. Matt made a successful application for the full costs of the client instructing the professional team. The client will be able to recover at least some of his outlay in making the appeal that in most circumstances would not have been recovered at all.
If you think Matt can help you call 01962 844333 or email m.gilks@duttongregory.co.uk
