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20 July 2012
Issue: 7523 / Categories: Case law , Law reports , In Court
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Costs—Order for costs—Interested party in planning case

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Royal Borough of Kensington and Chelsea v Secretary of State for Communities and Local Government [2012] EWHC 1785 (Admin), [2012] All ER (D) 83 (Jul)

Queen’s Bench Division, Administrative Court (London), Jeremy Stuart-Smith QC sitting as a deputy judge of the High Court), 4 Jul 2012

In planning cases, costs remain in the discretion of the court and an interested party developer will not normally be entitled to its costs unless it can show that there was a separate issue or interest where the developer’s interest was discrete from that of the defendant secretary of state.

Gwion Lewis (instructed by the Royal Borough of Kensington and Chelsea) for the local authority. Stephen Whale (instructed by the Treasury Solicitor) for the Secretary of State. Reuben Taylor (instructed by Richard Max & Co LLP) for the trustees.

By the proceedings, under s 288 of the Town and Country Planning Act 1990, the claimant local authority sought unsuccessfully to challenge the validity of the decision of the secretary

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