Award of Cost
Can an Award of Costs be granted to cover the cost of appealing?
Local planning authorities, appellants and interested parties who have taken part in the process, including statutory consultees, may apply for costs, or have costs awarded against them. A party applying for costs may have costs awarded against them, if they themselves have behaved unreasonably.
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What type of behaviour may give rise to a procedural award against a local planning authority?
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What type of behaviour may give rise to a substantive award against a local planning authority?
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Case Study 1 - Change of use to restaurant in a Conservation Area and shared use of car park with nearby offices
Officers of the Council recommended approval of the scheme, but the Council's Planning Committee refused planning permission on the grounds that the shared use of the car park in the evenings and at weekends was unenforceable.
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Case Study 2 - Two infill houses
The Council's Planning Committee refused planning consent on the grounds of highway safety and accessibility to key servcies against Officer's recommendation.
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Case Study 3 - Imposition of planning condition restricting B1 office to be connected to farming business and restrictions on hours of use
Planning Officers recommended approval of a planning application to convert a barn into an office, but recommended restricting its use to the farm activities an to restrict hours of use. The Council declined a request to remove the restrictions.
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Case Study 4 - Removal of restrictive use condition to allow building to be used as dwellinghouse
The Council failed to substantiate its decision that the proposal would result in inappropriate development in the Green Belt.
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