3... Planning Appeals

Question 1

What options do you have if a planning application is refused?

Answer 1

There are three options:

• accept refusal (with client’s permission)
• re-submit with amendments, based on conditions for refusal. This is free of charge within one year.
• appeal - this is for the most complicated cases.

Question 2

What legislation covers appeals?

Answer 2

Town and Country Planning Act

Question 3

What situations can you appeal?

Answer 3

• refusal of planning permission
• the conditions imposed on a planning permission
• non-determination of a planning application

Question 4

What should be considered when deciding whether or not to appeal?

Answer 4

• price
• timescale
• the conditions for refusal: would it be possible to re-submit with amendments? Or is there a fundamental reason why you believe the LPA was incorrect in refusing permission?

Question 5

What is included in an appeal?

Answer 5

• A notice of appeal
• Full Statement of Case, which sets out the reasons for appeal
• Statement of Common Ground
• Copy of the planning application form and drawings
• Copy of the decision notice
• all other relevant correspondence

Question 6

What are the ways in which an appeal can take place?

Answer 6

• written representations
• hearing
• public inquiry - this is the most common approach, but if BOTH parties agree then it can be written reps or hearing.
  … becoming more common now is a hybrid approach: round table - mixture of hearing and public inquiry, does not normally involve cross-examination.

Question 7

What is the process for an appeal?

Answer 7

For a public inquiry, it begins with the client appointing specialists to present each aspect of the grounds for appeal.
In an appeal I was involved in near Reading, as well as my director, there were also ecology, highways and planning expert witnesses.

These consultants will then provide a statement of case, along with relevant supporting drawings and appendices. For us this typically involves landscape and visual analysis, and verified wirelines or visualisations (sub-contracted out to a specialist visualiser).

The appellant and LPA produce a statement of common ground, and information is sent to the Secretary of State and all interested parties (such as Rule 6) four weeks before the appeal.

Enquiry and site visits, over a few days.

Decision: can take months, often a rule of thumb is a month per enquiry day.

Question 8

Can you appeal an appeal decision?

Answer 8

Yes - at Supreme Court.

Question 9

What happens at a public enquiry?

Answer 9

The process for a public enquiry is up to the Inspector… increasingly inspectors are using hybrid approaches which a less formal - “round table” discussion with no cross-examination.
Typically, the traditional process is:
- Inspector opens enquiry formally
- appellants advocate, such as a barrister, states their client’s case
- Summary of proof read out and cross-examined, and re-examined to clear up any confusions arisen
- LPA repeats these steps (two above)
- Third parties (e.g. rule 6) state their case
- closing speeches
- Inspector makes accompanied site visit