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Statutory consultee performance and award of costs: Consultation

Date: 11/9/2012


Question A: Do you agree with the proposal to amend the Award of Costs Circular in relation to statutory consultees and their advice? Yes    

Comments: It is an obvious extension of the existing regime.

Question B: Do you have any other comments on the consultation? 

Comments: There are occasions when the Environment Agency, having issued an initial holding objections in a timely manner (within the 21 days) then do not provide a final response in a timely manner which results in a prolonged period of uncertainty and delay in the planning process.

The use generally by Statutory Consultees of standard responses can result in local circumstances, community concerns and site specific issues not being taken into account in issuing the response.  This runs the risk of something being missed or matters being highlighted at a later stage in the application process.

Question IA1: Do you have any further evidence, positive or negative, of the behaviour of statutory consultees in the planning appeal process? No √  

Question IA2: Do you agree with our appraisal of the impact of the change to the Award of Costs Circular? Yes 


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