UKTC Archive

RE: Claiming back planning appeal costs

Subject: RE: Claiming back planning appeal costs
From: Jim Quaife
Date: Dec 18 2018 14:12:54
Member overturns can be a potential cost claim, but the difficulty is that 
there is clarity only if there is a distinct technical or procedural error 
which makes a decision "incorrect".  Members have the legal responsibility 
for planning decisions and officers only have delegated powers (when granted 
by members).  If members weigh officers' advice and in their own opinions 
take a different view, then that is their prerogative.  Of course officers 
can "emphasise" potential risks, but member overturns often win at appeal.
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Tim Moya
Sent: 18 December 2018 14:05
To: UK Tree Care
Subject: RE: Claiming back planning appeal costs

In addition to Jim's comments which are mainly on procedural issues, most of 
the successful appeal cost awards that I know have been cases where members 
ignored the advice of their own officers. Not in itself sufficient reason but 
it seems to be a consideration for Inspectors. But not it seems in this case.

Tim Moya 




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