ABSTRACT
The largest single activity of a local planning authority (LPA) is the process of dealing with planning applications. While the majority of planning applications are successful, there will inevitably be difficulties with applications which are the subject of objections or in respect of which there are policy or other reasons which indicate that planning permission is unlikely to be forthcoming. This is particularly so where it is clear that the provisions of the development plan show that a favourable decision is unlikely. Applicants for planning permission will often wish to go to great lengths to persuade the LPA that planning permission should be granted especially in instances where the development plan does not contain provisions which are directly applicable to the application site. This may involve pre-application discussions with planning officers, preparing written rebuttals of reasons for recommended refusal, addressing the planning committee, as well as submitting and progressing the planning application. If, in the end, a successful conclusion is reached can all or any of the expenses which are thereby incurred be recovered? To this question there is a simple answer? ‘No.’ No expenses in progressing a planning application are ever recoverable from the LPA, not even the planning fee. A moment’s thought will show that this is justifiable for if it were otherwise, LPAs would have an incentive to decline to grant planning permission and this would therefore fetter the discretion of the LPA under s 70 of the Town and Country Planning Act 1990 (the ‘1990 Act’).
