Expenses of appeal or referral
A significant inhibiting factor on the bringing of appeals has been introduced by the spectre of an award of costs being made by the Board. Planning authorities may also be punished for poor decision-making in certain cases, irrespective of the result of the appeal or referral.
The Board may, if it considers it proper to do so and irrespective of the result of the appeal or referral, direct the planning authority to pay -
The expenses of the appellant or person making the referral.
The expenses incurred by the Board in relation to the appeal or referral.
The appellant or person making the referral may be directed to pay the expenses of an appeal or referral in circumstances where the decision of the planning authority is confirmed or varied and the Board -
Does not accede in substance to the grounds of appeal or referral, or
*Considers that the appeal or referral was made with the intention of delaying the development or securing a monetary gain by a third party.
In these circumstances, the Board may direct the appellant or person making the referral to pay the expenses of the planning authority, any of the other parties to the appeal or referral and the expenses incurred by the Board in relation to the appeal or referral. In each case, the Board has a discretion to give a direction as to the payment of expenses "if it so thinks proper" and has an absolute discretion as to the amount payable.
(This paper was delivered at the Bar Council Conference on the 24th February, 20001, entitled "The Planning and Development Act, 2000: Implications for Practitioners". This paper is not intended to provide or act as a substitute for legal advice and the author disclaims liability for the consequences of any error which may be contained therein).
