Public Inquiries into Planning and Related Appeals

Best Practice Advice Note

1. Appeals should be lodged only when local negotiation has failed to resolve disagreement within the 6 months appeal period. Appeals where inquiries are sought should be lodged only if the appellant is ready to make its case in expectation that an event is likely to be fixed for a date which complies with the targets set out in the procedural rules.
2. Appellants/agents should properly explain grounds of appeal at the outset, even in cases of non-determination. Whilst only brief details are required, this is no reason for them not to be comprehensive, albeit concise. Such grounds assist the Inspectorate, and indeed the Local Planning Authority (LPA), in understanding the case and the implications for its programming.
3. Rule 6 statements must fully particularise the parties’ concerns or the range of evidence which will be relied upon. They should be detailed in these respects and should explicitly identify the areas of evidence which will be brought (including the numbers and areas of expertise of witnesses to be called).
4. The Statement of Common Ground is intended to reduce the time expended on non-controversial though important matters at the inquiry, but rarely attracts the investment in time and effort it deserves. The Inspectorate strongly advocates such investment. It is for the appellant to initiate. LPAs are being encouraged to respond positively to such approaches.
5. There should be an open and constructive dialogue and engagement amongst the parties between the point of appeal and the inquiry date. All too commonly elementary matters arise at inquiries which distract from the main matters at issue and which should have been resolved beforehand. For example, whilst withdrawal of reasons for refusal (following negotiation) is always welcome, if left until late, it can result in abortive work for the other parties and the unnecessary assignment of a specialist Inspector (who could have been assigned elsewhere and is unlikely to be reassigned optimally at a late stage.)
6. Every opportunity should be taken for the appellant and LPA to engage proactively and constructively to agree and accept the first date offered by the Inspectorate as quickly as possible. Normally parties will only be allowed one refusal of a date each before the Planning Inspectorate will impose a date, which will be determined by Inspector availability and the targets set by the Welsh Assembly Government for determining such appeals. Where parties decide to mutually agree a date they should agree one in the target range advised by the Inspectorate and should do so as quickly as possible (notwithstanding the 28 days permitted for doing so.)
7. Parties should be proactive before an inquiry opens, including, where it is felt appropriate, responding to the Inspectorate’s request to inform them if the inquiry allocation and duration is adequate, giving reasons (and ensuring that the other main parties are also aware of the suggested change and reasons). It is also beneficial to all parties involved, if confirmation is given of the number of witnesses each party intends to call.  
8. Parties should employ “project management” techniques on inquiry casework. Discipline must be exercised in the development and presentation of parties’ evidence, so as to ensure that it is appropriate, relevant and proportionate to the case. This applies not only to the documentation but also to the manner in which parties, their witnesses and advocates conduct themselves at the inquiry. Over-elaborate evidence and its examination can not only extend the inquiry unnecessarily but can also risk distracting from the main focus of the cases.
9. Required documentation must be prepared and submitted on time, (for example, Written Statements of Evidence, summary Written Statements of Evidence, draft conditions, completed Section 106 Obligations.) Failure to do so variously results in poor use of inquiry time, uncertainty, the inability of the Inspector appointed to complete the decision quickly or report fully to the National Assembly for Wales (where, for example, a S106 Obligation is not delivered until after the inquiry) and occasionally, the need for post inquiry correspondence.
10. Such material should be presented following any advice that the Inspector has issued either at a pre-inquiry meeting or in a note on the specific case (or indeed in accordance with generic advice such as may appear on the Inspectorate’s website). It should also be concise and proportionate to the case and should not unnecessarily recite national planning policy and guidance.
11. Such expert witnesses and/or advocates as are required to make the case need to be involved at an early stage to scope and focus that case. Delay in involving the appropriate personnel can lead to late changes in a party’s case, which will have implications for the scope and duration of the event. Mitigation measures need to be put in place in order to ensure that the case can proceed at the time fixed by the Inspectorate, regardless of advocate and/or particular witness availability.
12. The practice of attempting to conjoin a later appeal with one which has already been programmed should be avoided. Such requests are not routinely upheld if to do so would result in unreasonable procedural, fairness or inquiry-management implications.
13. Likewise, the Inspectorate critically analyses the basis on which requests for postponement or abeyance of submitted appeals are made. The Inspectorate considers that an appeal is made because the appellant has exhausted other (local) means of securing planning permission. Just as an LPA, in refusing to grant planning permission or failing to make a decision, must expect to be able to defend that position, an appellant, who has made a deliberate decision to appeal, should accordingly be ready to present its case for scrutiny by the independent and impartial Inspector or National Assembly for Wales. If there are thought to be avenues worth exploring to achieve permission locally, the 6 month appeal period is intended to allow that to occur.

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