The Board has the power to direct a planning authority to pay an appellant, or person making a referral, compensation for the expenses involved in making an appeal or referral. This only happens in very exceptional circumstances.
The Board also has the power to direct the appellant or the person making a referral to pay the planning authority, or any other person involved in the case or the Board compensation for their expenses. This also only happens in exceptional circumstances and where the Board did not agree with the main points of the appeal or referral or if the Board considered that the intention of making the appeal or referral was to delay the development or to gain in a financial way.
The Board has the power to decide what costs it considers are reasonable in these situations. This power is set out in Section 145 of the Planning & Development Act 2000 as amended.
Timelines for Making a Claim
Claims should be made as early as possible, as part of the grounds of appeal or referral. Claims could also be made in response to an invitation to comment by the Board on the case. If a decision has been made a claim must be made within 4 weeks of the date of the Board’s decision. Any claim must set out the reasons for the claim and the amount of the expenses claimed.
The Board has the power to decide what costs are reasonable and can decide to award all, some or none of the costs requested by the participant. Participants in the planning process generally carry their own costs it is only in exceptional circumstances that costs would be awarded under Section 145 of the Act.