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Alice H
Alice H, Solicitor/Partner
Category: UK Property Law
Satisfied Customers: 2847
Experience:  LLB (Hons) and 20 years legal experience
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If i take a planning application to appeal can the council

Customer Question

if i take a planning application to appeal can the council claim their costs of the appeal if i loose?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help with your question today.
Parties in planning appeals and other planning proceedings normally meet their own expenses. All parties are expected to behave reasonably to support an efficient and timely process, for example in providing all the required evidence and ensuring that timetables are met. Where a party has behaved unreasonably, and this has directly caused another party to incur unnecessary or wasted expense in the appeal process, they may be subject to an award of costs.
Customer: replied 1 year ago.
hi alice when does an appeal be unreasonable?
Expert:  Alice H replied 1 year ago.
Costs may be awarded where:
- a party has behaved unreasonably; and
- the unreasonable behaviour has directly caused another party to incur unnecessary or wasted expense in the appeal process
The word “unreasonable” is used in its ordinary meaning, as established by the courts in Manchester City Council v SSE & Mercury Communications Limited [1988] JPL 774.
Unreasonable behaviour in the context of an application for an award of costs may be either:
procedural – relating to the process; or
substantive – relating to the issues arising from the merits of the appeal.
The Inspector has discretion when deciding an award, enabling extenuating circumstances to be taken into account.

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