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COURT RULES PLANNING INSPECTOR RIGHT TO REFUSE COSTS

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An inspector's refusal of costs to the successful appellant in a challenge over refusal of planning consent has won...
An inspector's refusal of costs to the successful appellant in a challenge over refusal of planning consent has won high court backing.

The successful appellant had argued that the inspector found in his favour on the four principle issues in the case and that in the circumstances he had the discretion to award costs and should have done.

However, in dismissing a challenge against refusal of costs Mr Justice Owen held that while the inspector had taken the view that the planning authority had not adduced sufficient evidence to support its decision that did not it had not adduced any evidence in support of its stance or that it had acted unreasonably.

The judge took the view that in those circumstances the inspector had been entitled to refuse to exercise his discretion to award costs.

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