§ Sir David MitchellTo ask the Secretary of State for the Environment how many cases there have been in the last 12 months where developers have been found liable for costs after they have pursued appeals against refusals properly substantiated by policies in up-to-date development plans.
§ Mr. Michael SpicerDuring the 12 months from 1 June 1989 to 31 May 1990, my right hon. Friend and planning inspectors awarded the planning authority's appeal costs against an appellant in 53 cases, where the appellant's 293W "unreasonable" behaviour, as interpreted in DOE circular 2/87, caused the planning authority to incur costs unnecessarily. These awards were justified by the circumstances in each case; and I regret that an analysis of cases in which the award was based solely on inconsistency with an up-to-date development plan could be provided only at disproportionate cost.