Claim planning appeal costs

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1. Overview

You can claim costs if someone involved in your planning appeal behaves unreasonably and costs you money.

You make a claim for an 鈥榓ward of costs鈥� to the Planning Inspectorate. If you鈥檙e successful, you鈥檒l have to reach an agreement with the other party about how much they pay.

You can be asked to pay costs if you behave unreasonably during your own appeal. The Planning Inspectorate can do this even if nobody鈥檚 claiming costs against you.

Deadline to claim for costs

The deadline depends on whether your appeal will be decided:

  • at a hearing or inquiry - apply before it closes
  • in writing - apply when you appeal for householder, commercial and tree preservation orders, or no later than the final comments stage for anything else

The deadline is different for claims about:

  • a site visit (for example someone didn鈥檛 attend) - apply within 7 days
  • a withdrawn appeal or enforcement notice - apply within 4 weeks

2. When to claim

You may be able to claim costs if someone involved in your appeal behaves unreasonably and costs you money. This includes if they:

  • fail to co-operate with you or others
  • miss deadlines
  • fail to turn up to a site visit, hearing or inquiry
  • gave information that was wrong or declared after the deadline

What costs you can claim

You can claim for costs directly related to your appeal, for example:

  • time preparing for an appeal
  • attending a hearing or inquiry
  • the use of consultants to provide detailed technical advice
  • witnesses if you need to pay them

You can鈥檛 claim for costs relating to your original planning application.

3. How to claim

Claim for costs by filling in the claim form. Return it to the address on the form.

Alternatively, you can send a letter to the Planning Inspectorate. Include why you think someone has behaved unreasonably and how this has cost you money.

4. After you claim

The Planning Inspectorate will consider your claim. The party being asked to pay will have an opportunity to respond in writing.

If you鈥檙e successful, you鈥檒l be given either:

  • a full award - you can recover all your costs including the cost of claiming
  • a partial award - you can only recover some costs

The award doesn鈥檛 tell you how much you should get. It鈥檚 your responsibility to prove to the other party how much you鈥檝e spent on the appeal.

If they won鈥檛 pay

You can make a court claim for money if the other party won鈥檛 pay.