PAC COSTS AWARDS IN PLANNING APPEALS.

• 3rd March 2015
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• mkaplanning

The Planning Appeals Commission (PAC) have published guidance on how they will make orders of costs against parties in planning and related appeals.  This guidance comes into operation from 1^st April 2015.

 

Costs awards are intended to provide redress when one party to an appeal has put another party to unnecessary expense because of unreasonable behaviour by that party.

The PAC states that costs awards will encourage all those involved in the appeals process to behave in a responsible, cost conscious manner and to follow good practice by assessing at the outset whether they have a reasonable prospect of success, reacting in a timely fashion to changing circumstances and presenting credible evidence to support their case.

The PAC has indicated that unreasonable behaviour may be considered to be: –

Causing an unnecessary appeal;

*   Prolonging proceedings;

*   Abandoning or not pursuing part of the case;

*   Withdrawing or conceding an appeal.

*   Third parties can also in certain circumstances be found to be indulging in unreasonable behaviour and could also face costs awards.

It is interesting that the Department of the Environment has always avoided introducing costs awards in planning appeals legislation into NI when it was the regional planning authority but local Councils will be faced with this potential costs sanction from the outset.  No ‘bedding in’ period has been provided for the Councils.  MKA Planning also notes that the PAC draft and adopted guidance avoided commenting on whether the issue of  refusal reasons been added after the appeal process has commenced was unreasonable behaviour which would lead to a costs award.   Therefore, we must await the first test case on this issue.