Subject: RE: The Implications. |
Author: Laurence Mann
Date: 11/5/2001 10:38 am WEDT
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It isn't that unusual. The possibility of costs being awarded is something which we are very well aware of when considering applications.
This is from the Planning Inspectorate web site as a definition of unreasonable behaviour:
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Behaviour which led directly to an unnecessary appeal to the Secretary of State might be considered. For instance, the local planning authority might be unable to produce evidence at the inquiry to support each of their reasons for refusing planning permission, or for imposing a condition on a grant of planning permission. Or the way in which one party has conducted their part of the proceedings might be considered unreasonable. For instance, through the fault of one party, the inquiry has had to be adjourned, or unnecessarily prolonged, or cancelled, resulting in unnecessary expense.
Late cancellation of the inquiry or hearing may also lead to an award of costs if it was due to unreasonable behaviour by one of the parties. Examples are if the local planning authority withdraw one of their reasons for refusing planning permission, or issuing an enforcement notice; or they concede a ground of appeal once the inquiry (or hearing) date is fixed, without good reason; or if the appellant withdraws the appeal (or ground of appeal) after the inquiry (or hearing) date is fixed, but cannot show that there has been a material change of circumstances since the appeal was first made.
Another example is if the appellant fails to attend, or be represented at, an inquiry (or hearing) without good reason. Other examples of unreasonable behaviour which may justify an award of costs are given in DOE Circular 8/93 (Welsh Office Circular 23/93).
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The costs award may of course be partial if, for instance, only one of several grounds for refusal is not properly substantiated.
I have not got involved in the Hampton Nursery supermarket appeal partly because I am not obsessed with the past, partly because it is not in my ward, and partly because I have other things to do. |
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Richard Meacock |
11/1/2001 5:35 am WEDT |
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Trevor Clarke |
11/1/2001 7:13 am WEDT |
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Laurence Mann |
11/1/2001 10:45 am WEDT |
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Richard Meacock |
11/1/2001 11:13 am WEDT |
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Laurence Mann |
11/1/2001 11:32 am WEDT |
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Trevor Clarke |
11/1/2001 11:54 am WEDT |
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Trevor Clarke |
11/1/2001 11:56 am WEDT |
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Voter |
11/1/2001 1:18 pm WEDT |
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In need of more help |
11/1/2001 2:58 pm WEDT |
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J. Watley |
11/2/2001 0:10 am WEDT |
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Trevor Clarke |
11/2/2001 11:59 am WEDT |
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R H |
11/2/2001 12:21 am WEDT |
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Knowledgeable |
11/2/2001 1:20 pm WEDT |
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R H |
11/2/2001 3:31 pm WEDT |
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R H |
2/24/2002 6:36 pm WEDT |
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Laurence Mann |
2/25/2002 1:08 pm WEDT |
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R H |
2/25/2002 2:07 pm WEDT |
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Cllr Laurence Mann |
11/2/2001 8:46 pm WEDT |
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R H |
11/3/2001 2:49 pm WEDT |
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Cllr Laurence Mann |
11/3/2001 10:05 pm WEDT |
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Anthony P Berend |
11/4/2001 0:35 am WEDT |
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RichardMeacock |
11/4/2001 8:41 am WEDT |
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Cllr Laurence Mann |
11/4/2001 7:56 pm WEDT |
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Trevor Clarke |
11/4/2001 10:43 pm WEDT |
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Cllr Laurence Mann |
11/4/2001 7:46 pm WEDT |
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Anthony P Berend |
11/5/2001 0:35 am WEDT |
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Richard Meacock |
11/5/2001 7:55 am WEDT |
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Laurence Mann |
11/5/2001 11:27 am WEDT |
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Laurence Mann |
11/5/2001 10:38 am WEDT |
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R H |
11/8/2001 3:55 pm WEDT |
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Laurence Mann |
11/9/2001 9:09 am WEDT |
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Anthony P Berend |
11/4/2001 0:05 am WEDT |
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Cllr Laurence Mann |
11/4/2001 9:03 pm WEDT |
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Public Service Information |
11/2/2001 8:37 pm WEDT |
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Knightsbridge LET Staff member |
11/3/2001 10:23 am WEDT |
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Trevor Clarke |
11/4/2001 10:36 pm WEDT |
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Laurence Mann |
11/5/2001 10:27 am WEDT |
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R H |
11/8/2001 3:23 pm WEDT |
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Laurence Mann |
11/1/2001 3:14 pm WEDT |
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Trevor Clarke |
11/1/2001 4:47 pm WEDT |
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Cllr Laurence Mann |
11/1/2001 8:07 pm WEDT |
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