Planning
Dear Department for Communities and Local Government,
Please provide details of advice provided by CLG to those that successfully demonstrate (to the Secretary of States satisfaction) that a Council has issued a planning notice unreasonably and/or without compelling justification to either seize of take a local land charge over their land on how to recover their costs from the Council, taking into account that the Courts are unable to require a Council to make any payment unless the costs are incurred are by a lawyer due to provisions in the Civil Procedure Rules.
My experience and observation is that Council's against whom costs are awarded by the Secretary of State refuse to meet these and normally seek to engage in harassment of those awarded costs against a Council, and exclude them from its complaints process.
I would be interested in any studies that the Secretary of State has conducted on this issue to ensure that they have tribunal system that is fit for purpose, and that Council's do not seek to abuse the Secretary of States tribunal system.
Yours faithfully,
Stuart Hardwicke Carruthers
Dear Mr Carruthers,
I attach a letter in reply to your request.
Yours sincerely.
Robert Segall
Team Leader
Planning - Development Management D
Department for Communities and Local Government
Floor 1/J3
Eland House
Bressenden Place
London
SW1E 5DU
telephone: 030 344 41717
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