Planning Court Costs: Practice Direction 54D
ARC Costs Lawyers and Draftsmen
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Under Practice Direction 54D, the Court may award a costs order for a planning case in specific circumstances.
Under section 4.20, regarding the failure to file an acknowledgement of service;
“Where that person takes part in the hearing of the planning statutory review, the court may take the failure to file an acknowledgment of service into account when deciding what order to make about costs.”
In relation to attendance at a Permission Hearing, under Section 4.30;
“Where the defendant or any party does attend a hearing, the court will not generally make an order for costs against the claimant.”
In relation to appeals to the Planning Court, under section 6.10 of Practice Direction 54D;
“Where the court grants permission—
(a)it may impose terms as to costs and as to giving security;”
The Court has full discretion when awarding costs in a planning case and may, for example, in a planning appeal case, award costs to one party if the other party has behaved unreasonably.
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Unreasonable behaviour can include the following:
To find out more, read the full article on our website.
How can ARC Costs Assist?
ARC Costs can assist with the costs of any claims made under CPR Part 54 in relation to a Planning Court Case.
We regularly prepare?Bills of Costs?on behalf for Receiving Parties and advise on what costs are likely to be recoverable. We can?negotiate?with the Paying Party on your behalf and proceed with the costs claim until recovery of your costs, even if this is required through?enforcement.
Similarly if a costs award has been made against you, we can assist you in disputing this award if you feel it was unfairly made. Furthermore, we can assist in disputing any costs which you deem to be unreasonable by using legal statutes and common law to dispute the reasonableness of costs being claimed.
To discuss your costs claim further, please do not hesitate to contact us on 01204 397302 or?[email protected]. Alternatively, you may complete our online enquiry form.