Planning and Development (Amendment) Act 2010


Direction of payment of costs by Board.

81.— The Transport (Railway Infrastructure) Act 2001 is amended by the insertion of the following section after section 47D (inserted by section 50 of the Act of 2006):

“47DD.— (1) Where the Board determines an application made under section 37 (amended by section 49 of the Act of 2006) it may at its absolute discretion direct the payment of such sums as it considers reasonable by the applicant to the Board towards the costs incurred by the Board of—

( a) conducting consultations under section 47B,

( b) compliance by the Board with a request by an applicant for an opinion of the Board under section 39(3) (amended by section 49 of the Act of 2006), or

( c) determining an application made under section 37 aforesaid,

and, in such amount as the Board considers to be reasonable, state the sum to be paid and direct the payment of that sum, to any planning authority that incurred costs during the course of consideration of that application and to any other person as a contribution to the costs incurred by that person during the course of consideration of that application (each of which sums the Board may, by virtue of this subsection, require to be paid), and the applicant shall pay such sums.

(2) A reference to costs in subsection (1) shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs, but does not include a reference to so much of the costs there referred to as have been recovered by the Board by way of a fee charged under section 144 of the Act of 2000.

(3) A notice of a determination of an application under section 37 shall be furnished to the applicant as soon as may be after the determination but shall not become operative until any requirement under subsection (1) in relation to the payment by the applicant of a sum in respect of costs has been complied with.

(4) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a requirement made under subsection (1) to the Board, the authority or any other person concerned (as may be appropriate) may recover the sum as a simple contract debt in any court of competent jurisdiction.”.