Costs Incurred in Judicial Review Planning and Appeals Cases - Find a freedom of information request

Costs incurred in Judicial Review Planning Cases - Financial Years 2014/2015 to 2018/2019

Costs incurred in Planning Appeals - Financial Years 2014/2015 to 2018/2019

In respect of the information sought regarding Judicial Review Planning cases, the parties to the claim should have submitted a costs schedule under CPR 9.5 (4) at Permission stage and again prior to the substantive hearing if the matter proceeded. In such cases, the information sought may be easily identified either being set out in the costs schedule required for the court or being reflected in the Court Order.

The information sought is as follows:

1.  All costs incurred by the Council in each financial year from 2014/2015 to 2018/2019 in either defending or bringing a claim for Judicial Review in respect of Planning cases including any external professional fees incurred. For the purposes of this piece of research the definition of Planning cases means:

(i) Defending the grant of Planning Permission;

(ii) Defending a challenge to the Local Plan;

(iii) Defending a decision regarding Planning Enforcement, eg serving a Breach of Condition Notice or a decision not to enforce;

(iv) Bringing a claim for Judicial Review against another public authority in respect of a Planning issue;

(v) Defending Council decisions regarding Rights of Way;

(vi) Defending Council decisions regarding Town and Village Greens. Please identify costs incurred by way of the categories listed above. To the extent the information is available, please also provide internal costs incurred by the Council in respect of each case and please identify those costs separately from the legal costs incurred.

2. All costs incurred (including any external professional fees) incurred by the Council in each financial year from 2014/2015 to 2018/2019 in all Planning Appeals for those years, whether they were by Written Representations, Hearing or by Public Inquiry.

Please include information where a costs award was made by the Inspector together with the Planning Appeal reference and the year of the decision.

I wondered whether you have information to contribute towards these costings, available through your monthly schedules or case files please?

1.How much was spent by the authority on legal advice and action relating to planning appeals in (a) 2016/17, (b) 2017/18, and (c) 2018/19.

a. £20,000 

b.  £50,862.52 

c.  £225 (legal advice not included)

 *The above figures do not include officer time. 

2.

*The above figure is for legal fees only as Lincolnshire County Council does record officer time/cost