Issue - meetings

Report HPR2020/34

The report provided an update on the award of costs from planning appeals made in the financial year 2019/2020. 13 applications claiming for costs were made in the period April 2019 to March 2020 of which 5 had been allowed and 8 refused.  The report also provided an update on cost claims that were paid in 2019/2020. The total of planning appeal cost claims paid in 2019/2020 was £36,236.15.  The Council had actively been applying for an award of costs against the appellant where the Council believe they had acted unreasonably.  Three cases had been applied for within this financial year, two had been refused and one was awaiting a decision.

Councillor Mellor stated that the cost of appeals reported in the past were thought to be considerable. The total cost of £36,236.15 was in fact minimal compared to the costs won by the Council where appeals had been disallowed.  On this basis, he considered that a broader view should be taken by Members when considering applications.

Councillor Allen noted that a number of claims had not yet been decided so the actual cost could rise significantly. She considered that these costs were avoidable and should not be incurred in the first place.

The Assistant Director, Planning confirmed that the costs set out in the report were made against the Council for unreasonable behaviour. It was difficult to predict cost claims for appeals allowed so where those were not yet known, they were marked as ‘awaiting claim’ in the appendices to the report. He agreed to check on the costs awarded to the appellant on the two appeals for Land at South Eden Park Road which were not included in the report.

Councillor Bear noted that the costs allowed were only part of the overall financial status; there were also costs for independent consultants and the Council’s appeals team. She requested that these be included in future reports.

The Assistant Director, Planning confirmed that further details would be included in the next report to the Committee in relation to the three cases where the Council had actively been applying for an award of costs against the appellant where the Council believed they had acted unreasonably.

RESOLVED that the report be noted.