Tulip Siddiq – 2016 Parliamentary Question to the Department for Communities and Local Government

The below Parliamentary question was asked by Tulip Siddiq on 2016-02-23.

To ask the Secretary of State for Communities and Local Government, how many appeals against Local Planning Authority decisions by developers he has received under Section 78 of the Town and Country Planning Act 1990 in each year since 2009-10; in how many of those cases in each year did he exercise his powers under Section 79 of that Act to (a) allow under Section 79(1)(a), (b) dismiss under Section 79(1)(b), (c) decline to determine under Section 79(6), (d) dismiss under Section 79(6A) the appeal and (e) amend the planning authority’s original decision in any way; and in how many such cases the Local Planning Authority subsequently paid compensation to the developer as a result of his decision.

Brandon Lewis

The attached table only covers Section 79 (1)(a) and Section 79(1)(b).

We do not hold the data on section 79(6) as the legislation is very rarely used with only a handful of cases in the last 7 years. In addition, the Section 79 (6) ‘compensation’ element only allows for a party to apply for costs. This can only occur where a party has behaved unreasonably, and this has directly caused another party to incur unnecessary or wasted expense. The costs order states the broad extent of the expense the party can recover from the party against whom the award is made. It does not determine the actual amount. PPG ‘Appeals’ section 4 relates.