COUNCILLOR Derek Smallwood is wrong when he states that no appellant has ever won more than 48 per cent of costs against City of York Council (November 22).

This is just not true. In the case at Upper Poppleton the Inspector stated 'a full award of costs is justified'.

Furthermore, the seven cases of costs awarded against the City of York Council since 1996 is nothing to be proud of. It is seven cases too many. It amounts to a total of over £40,000 which could have been better spent on providing much needed public services.

As for the council trying to claim costs against unsuccessful appellants, Coun Smallwood knows full well this is bluster and nonsense. Costs are not awarded simply for winning or losing an appeal. They are only awarded in exceptional circumstances when it is patently clear that the conduct of one side or the other has been unreasonable.

If Coun Smallwood can show that I have behaved unreasonably in any appeal case I will gladly pay the council's costs because unlike him and his fellow councillors I am quite prepared to put my money where my mouth is.

Matthew Laverack,

Chartered Architect,

Lord Mayor's Walk, York.