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Getting Costs From Council After Successful Appeal

Micky Verdi

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We made a successful appeal against an LPA for an unreasonable condition to provide electric car chargers, and the Inspector also awarded us costs.  Because of the timescale, we had no choice but to pay for and provide the car charger infrastructure before the results of the appeal.   I have two questions.

1) The LPA are saying that, although they agree they are liable for costs, those costs (from a planning perspective) are limited to those incurred in preparing and fighting the appeal, NOT the cost of supplying the chargers to comply with their unreasonable condition.  Is the LPA technically correct on this?

2) If the LPA is correct, do we still have a claim against the Council for Consequential Loss /9or something similar) - being the costs of providing the chargers, which we only incurred because they included the condition which was found to be unreasonable?

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