UKTC Archive

Re: Claiming back planning appeal costs

Subject: Re: Claiming back planning appeal costs
From: Stephanie Hall
Date: Dec 18 2018 12:59:21
Hi Trevor


you will need to make reference to and comply with the relevant guidance in 
order to seek an award of costs: 
https://www.gov.uk/guidance/appeals#the-award-of-costs--general


Best

Stephanie

________________________________
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
on behalf of Jim Quaife <jq@xxxxxxxxxxxxxxxxx.co.uk>
Sent: 18 December 2018 08:13:59
To: UK Tree Care
Subject: RE: Claiming back planning appeal costs

Appeal costs can only be claimed if the LPA has acted unreasonably.
The list of examples of unreasonable behaviour that might justify a claim 
includes:
•lack of co-operation with the other party or parties
•delay in providing information or other failure to adhere to deadlines
•only supplying relevant information at appeal when it was previously 
requested, but not provided, at application stage
•not agreeing a statement of common ground in a timely manner or not agreeing 
factual matters common to witnesses of both principal parties
•introducing fresh and substantial evidence at a late stage necessitating an 
adjournment, or extra expense for preparatory work that would not otherwise 
have arisen
•prolonging the proceedings by introducing a new reason for refusal
•withdrawal of any reason for refusal or reason for issuing an enforcement 
notice
•failing to provide relevant information within statutory time limits, 
resulting in an enforcement notice being quashed without the issues on appeal 
being determined
•failing to attend or to be represented at a site visit, hearing or inquiry 
without good reason
•withdrawing an enforcement notice without good reason
•providing information that is shown to be manifestly inaccurate or untrue
•deliberately concealing relevant evidence at planning application stage or 
at subsequent appeal
•failing to notify the public of an inquiry or hearing, where this leads to 
the need for an adjournment

and any other behaviour that might qualify.
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of theapsy@xxxxxx.com
Sent: 18 December 2018 07:37
To: UK Tree Care
Subject: Claiming back planning appeal costs

Hi All,
Can someone enlighten me on the process behind claiming planning appeal 
costs? To put this in context:
A planning application has been submitted to construct a new garage in a rear 
garden containing a mature, protected Oak.
There is a small, tolerable incursion into the Oak's RPA.
A report has been provided to justify the incursion and provide tree 
protection details.
The LPAs tree officer disagrees with the report findings and plans to refuse.
The client believes the LPAs tree officer is being pedantic, my view is that 
they are just paying attention to very fine detail (that most other LPAs 
wouldn’t).
The client wants me to provide further information to support their 
application and appeal, and wonders if the cost for this can be claimed back 
from the LPA (if appeal allowed)?
Cheers  Trevor


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Stephanie Hall
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