News: Planning Appeals Shake Up

  • (Press Article)
  • Date: 06/04/2009
  • Source: Poppleston Allen
  • Author/Solicitor: Jonathan Phillips

Among a number of changes announced by the Government to the appeal service that take effect from 6 April 2009 is that the Planning Inspectorate will now decide whether both planning and enforcement appeals should proceed by written representations, informal hearings or public inquiries. The appellant and the Local Planning Authority will have the opportunity to put forward their views on their preferred procedure, but ultimately the decision will rest with the Planning Inspectorate.

The Government has set out the indicative criteria to be applied to both planning and enforcement appeals when the Planning Inspectorate assesses which appeal process to follow.

For written representations:
  • the grounds of appeal and issues raised can be clearly understood from the appeal documents plus a site inspection; and/or
  • the Inspector should not need to test the evidence by questioning or to clarify any other matters; and/or
  • an environmental impact assessment (EIA) is either not required or the EIA is not in dispute.
  • For enforcement appeals the alleged breach and the requirements of the notice are clear and there are no complex legal issues

For informal hearings:
If the criteria for written representations are not met because questions need to be asked, for example where any of the following apply:
  • the status of the appellant is at issue, eg Gypsy/Traveller;
  • the need for the proposal is at issue eg agricultural worker's dwelling; Gypsy/Traveller site
  • the personal circumstances of the appellant are at issue, eg people with disabilities or other special needs;

The most appropriate procedure would be a hearing if:
  • there is no need for evidence to be tested by formal cross-examination; and
  • the issues are straightforward for planning appeals and for enforcement appeals the requirement of the enforcement notice is also straightforward (and do not require legal or other submissions to be made) and the appellant or a planning consultant can present the case; and
  • the appellant's case and that of the Local Planning Authority and interested persons is unlikely to take more than one day to be heard

For public inquiries
If the criteria for written representations and hearings are not met because the evidence needs to be tested and/or questions need to be asked, the most appropriate procedure would be a local inquiry if:
  • the issues are complex and likely to need evidence to be given by expert witnesses; and/or
  • the appellant is likely to need to be represented by an advocate, such as a lawyer or other professional expert because material facts and/or matters or expert opinion are in dispute and formal cross-examination of a witness is required; and/or
  • legal submissions may need to be made and, for enforcement appeals, evidence needs to be heard under oath (ie where a witness is giving factual evidence about how long the alleged unauthorised use has been taking place;
  • for an enforcement appeal the alleged breach or the requirements of the notice are unusual and particularly contentious.

Where proposals have proved to be particularly controversial and have generated significant local interest the Planning Inspectorate considers that the Local Planning Authority is in the best position to indicate whether a hearing or public inquiry might be required, rather than the appeal determined through the written representation.

Other changes:
All appeals against planning applications relating to development subject to enforcement now have a 28-day appeal period and Lawful Development Certificates a six-month appeal period.

There are also minor changes made to timetabling rules governing Informal Hearings and Public Inquiries, which came into force on 6 April 2009.

The Government is also considering charging a fee for submitting appeals but will consult again publicly prior to any introduction.

For more information go to the Planning Inspectorate website:
www.planning-inspectorate.gov.uk

Poppleston Allen is happy to advise anyone that has had a planning application refused or an enforcement notice served on the new requirements and the likelihood of obtaining planning permission on appeal.

For more information please contact Nick Landells .