Local Government (Planning and Development) Act, 1976

Expenses of appeal.

19.—(1) Subject to subsection (2) of this section, where there is an appeal to the Board against a decision of a planning authority—

(a) the Board, if it so thinks proper and irrespective of the result of the appeal, may direct the planning authority to pay—

(i) to the appellant, such sum as the Board, in its absolute discretion, specifies as compensation to the appellant for the expense occasioned to him in relation to the appeal,

(ii) to the Board, such sum as the Board, in its absolute discretion, specifies as compensation to the Board towards the expense incurred by the Board in relation to the hearing of the appeal;

(b) in case the decision of the planning authority is confirmed on appeal, or where the decision is varied on appeal, if the Board in determining the appeal does not accede in substance to the appellant's grounds of appeal, the Board, if it so thinks proper, may direct the appellant to pay—

(i) to the planning authority, such sum as the Board, in its absolute discretion, specifies as compensation to the planning authority for the expense occasioned to them in relation to the appeal,

(ii) to any of the other parties to the appeal, such sum as the Board, in its absolute discretion, specifies as compensation to the party for the expense occasioned to him in relation to the appeal,

(iii) to the Board, such sum as the Board, in its absolute discretion, specifies as compensation to the Board towards the expense incurred by the Board in relation to the hearing of the appeal.

(2) A direction to pay any sum exceeding £50 shall be given by the Board under subsection (1) of this section only after consultation with the Minister.

(3) Any sum directed under this section to be paid shall, in default of being paid, be recoverable as a simple contract debt in any court of competent jurisdiction.