USK Valley Conservation Group, R (on the application of) v Brecon Beacons National Park Authority

USK Valley Conservation Group, R (on the application of) v Brecon Beacons National Park Authority

The claimant is entitled to its costs from the National Park Authority up to one month after the acknowledgement of service regarding the 2005 planning permission, reflecting the Authority's concession. Thereafter, the Authority is not liable for further costs on that issue. The interested parties must pay fifteen percent of the remaining claimant's costs and one-and-a-half days of hearing costs for the 2005 issue, reflecting their limited but relevant involvement. For the 2008 decision, the claimant must pay eighty percent of the Authority's costs, as its success was on a narrow point and it lost on the main issues. Leave to appeal the costs orders was refused.

Parties
Claimant: Usk Valley Conservation Group; Defendant: Brecon Beacons National Park Authority; Interested Party: Interested Parties
Jurisdiction
England and Wales
Judgment Date
18 February 2010
Procedural Posture
Judicial Review / Costs Ruling After Judgment
Outcome
Costs apportioned as specified; leave to appeal refused.
Legal Topics
Costs, Planning Permission, Public Interest Litigation
Administrative Law Planning Law Costs Planning Permission Public Interest Litigation

Case Brief

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Parties

Usk Valley Conservation Group

Claimant

Brecon Beacons National Park Authority

Defendant

Interested Parties

Interested Party

Procedural Posture

Judicial Review / Costs Ruling After Judgment

Legal Issues

  1. 1 Entitlement to costs following partial success in judicial review of planning permission
  2. 2 Allocation of costs between claimant, defendant, and interested parties
  3. 3 Impact of public interest and conduct on costs orders

Ratio Decidendi

The claimant is entitled to its costs from the National Park Authority up to one month after the acknowledgement of service regarding the 2005 planning permission, reflecting the Authority's concession. Thereafter, the Authority is not liable for further costs on that issue. The interested parties must pay fifteen percent of the remaining claimant's costs and one-and-a-half days of hearing costs for the 2005 issue, reflecting their limited but relevant involvement. For the 2008 decision, the claimant must pay eighty percent of the Authority's costs, as its success was on a narrow point and it lost on the main issues. Leave to appeal the costs orders was refused.

Court Disposition

Costs apportioned as specified; leave to appeal refused.

Orders

  • National Park Authority to pay claimant's costs up to one month after acknowledgement of service for 2005 issue.
  • Claimant to pay eighty percent of National Park Authority's costs for 2008 issue.