§ Mr. Richard Shepherdasked the Secretary of State for the Environment what responses he has had to the draft circular on awards of costs at planning inquiries; and what advice he now proposes to issue.
§ Mr. WaldegraveComments were received from nearly 50 organisations and individuals. Copies of the responses from those who gave express permission for their comments to be made public have been placed in the Libraries of both Houses, and in the Department's library, and are available for inspection.
The circular is being published in final form today. It is the first major restatement of policy on the award of costs for over 20 years. The basic principle remains the same—that costs will be awarded not for the success or failure of an appeal, but only where unreasonable behaviour by one party at an inquiry has caused another party unnecessary expense.
The circular gives details of the sort of behaviour which may give rise to an award of costs. For example, costs may be awarded against a planning authority which fails without good reason to determine a planning application within the statutory period, or gives no good reason for refusing permission. On the other hand costs may be awarded against an appellant who (for example) persists with proposals for major development on green belt land when it is obvious that permission will not be granted.
I hope all those concerned with planning appeals will study the circular closely. It is further evidence of our determination to cut out unnecessary expense and delay in the planning process.