Proposals for Capped Fees in Planning Disputes

From 'Planning' 

http://www.planningresource.net/Development_Control/article/1111602/scottish-government-proposes-capping-legal-fees-planning-disputes/

The Scottish Government has proposed introducing caps on the legal fees associated with challenges to planning decisions.

Under the proposals, protective expenses orders (PEO) would be introduced that would limit the liability of a petitioner, or applicant, to £5,000 when paying a respondent’s costs, while limiting the liability of the respondent to £30,000 when paying the petitioner's costs.

The Scottish Government said PEOs were designed to ensure "access to justice" in planning disputes, while discouraging spurious challenges that could cause unnecessary delay to projects of strategic national importance.

Minister for community safety and legal affairs Roseanna Cunningham said: "The Scottish Government is committed to affordable access to justice in cases of importance, including where environmental issues are at stake."

"Challenges to these decisions can, however, have significant impacts on the economy. We are determined to ensure that major planning and infrastructure decisions are not unreasonably delayed. The proposals we are consulting upon therefore seek to achieve a fair balance between the costs to persons wishing to challenge these decisions and the potential implications for economic development."

The consultation on the proposed PEOs closes on 3 April.

For more information on the consultation, click here