Grounds for costs award
Planning Practice Guidance (Appeals: Costs section): costs awarded where party's unreasonable behaviour caused other party to incur unnecessary or wasted expense. Common LPA unreasonable behaviour: (1) refusing scheme despite officer recommendation to approve without clear contrary reason; (2) refusal reasons that are vague, generic or unsupported by evidence ('out of character' without character analysis); (3) failing to engage in pre-application discussions or ignoring agreed pre-app advice; (4) introducing new refusal reasons at appeal not in original decision; (5) failing to substantiate refusal with on-site evidence at site visit; (6) late submission of evidence/objections causing appellant to incur expert costs; (7) committee overturning officer recommendation without rational planning basis. Appellant unreasonable behaviour also possible: appealing schemes obviously contrary to clear local policy; failing to address committee's specific concerns. Costs award is exception not rule — must show specific waste attributable to unreasonable conduct.
Procedure + typical recovery
Application for costs made during appeal, with supporting submissions filed alongside appellant's case (or on the day at hearing/inquiry). PINS decision on costs issued separately from appeal decision, typically 4–8 weeks after main decision. If costs awarded in principle, parties negotiate quantum — failing agreement, court taxation determines reasonable amount. Awards are 'partial' (specific elements only — e.g. consultant costs for addressing unsubstantiated reason) or 'full' (all reasonable costs). Typical recovery: householder cases £3,500–£12,000 partial; s78 written reps £8,000–£20,000 partial; hearings £12,000–£35,000; inquiries £35,000–£200,000+ where serious LPA failure. London 2024/25 reported awards: Camden ordered £18,500 costs after refusing officer-recommended scheme; Westminster ordered £42,000 inquiry costs for unsubstantiated heritage refusal.
