Planning and Compensation Act 1991

30 Orders as to costs where inquiry or hearing does not take place. E+W

(1) After section 322 of the principal Act there is inserted—

“322A Orders as to costs: supplementary.

(1) This section applies where—

(a) for the purposes of any proceedings under this Act—

(i) the Secretary of State is required, before a decision is reached, to give any person an opportunity, or ask any person whether he wishes, to appear before and be heard by a person appointed by him; and

(ii) arrangements are made for a local inquiry or hearing to be held;

(b) the inquiry or hearing does not take place; and

(c) if it had taken place, the Secretary of State or a person appointed by him would have had power to make an order under section 250(5) of the M1 Local Government Act 1972 requiring any party to pay any costs of any other party.

(2) Where this section applies the power to make such an order may be exercised, in relation to costs incurred for the purposes of the inquiry or hearing, as if it had taken place.”

(2) In section 89(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and section 37(2) of the M2 Planning (Hazardous Substances) Act 1990 (application of provisions of the principal Act) before “323” there is inserted “ 322A (orders as to costs: supplementary) ”.

Commencement Information

I1 S. 30 partly in force; s. 30 in force for certain purposes at 02.01.1992 see s. 84(2)(3) and S.I. 1991/2728, arts. 3, 4.

Marginal Citations

M1 1972 c. 70.

M2 1990 c. 10.