PAC GRANTS FIRST FULL COSTS AWARDS.

• 25th March 2016
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• mkaplanning

The Planning Appeals Commission (PAC) have recently approved their first cost award at appeal against Lisburn and Castlereagh City Council.

A claim for a full award of costs against Lisburn and Castlereagh City Council was made following a planning appeal on the 18^th September 2015.

In accordance with PAC publication “Guidance on Cost Awards in Planning and Related Appeals” the facts to substantiate the claim were based on what was unreasonable behaviour by the planning authority throughout the appeal proceedings.

The Planning authority caused an unnecessary appeal, as the sole issue in the appeal was the refusal to endorse the ‘split gable’ design element on the front elevation of the attached garage. This design element  was a prominent design feature already accepted by the Planning Authority (now constructed on site)on both gables of the side elevations and on the rear elevations of the previous approved dwelling (Y/2014/0064/F) on site.

Overall this resulted in the appellant incurring unnecessary costs, which ultimately could have been avoided.

This cost decision, appeal ref no. 2015/A0043 can be viewed on the below link.

Cost Decision 2015/A0043

 

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.

More information on cost awards can be found in the below link:

Guidance on Costs Awards