The Planning Inspectorate Annual Report and Accounts 2005/06

Section 7 - Other Casework - Other Casework, including work for other Government Departments

High hedges

2005/06 saw us determine the first appeals under the Anti-Social Behaviour Act 2003 against a decision or remedial notice issued by a local authority in response to a formal complaint about a high hedge. The majority of cases so far received are from complainants appealing that the remedial notice issued by the local authority does not reduce the hedge to an acceptable height. The Act and Guidance do not allow the local authority or Inspector to require removal, as that would result in the death or destruction of the hedge.

Transport casework

We deal with a wide range of transport casework. 51 highway schemes were examined during the year. 15 were trunk road inquiries; 28 local authority road inquiries, including the major inquiry into the Thames Gateway Bridge; 3 were Transport & Works Act inquiries; and there were 5 others.The target for reports being submitted was met in all cases bar one where the lead Inspector was ill.

The Thames Gateway Bridge inquiry opened on 7 June 2005. It closed on 3 May 2006, somewhat later than anticipated because the traffic evidence was subject to amendment during the course of the inquiry. The scheme proposes a new toll road bridge across the Thames. The inquiry saw substantial controversy but good management by the two Inspectors enabled the proceedings to be completed in 89 sitting days despite some parties having to make repeat appearances.

Two significant inquiries involving ports took place. The first was into an imaginative scheme for an opening bridge across Poole Harbour; the report was sent to the Secretary of State in February 2006. The second was for alternative Harbour Revision Orders affecting the Dee Estuary and Mostyn Harbour; the report was sent to the Secretary of State in May 2006. Two decisions, involving major port development, were made during the year following earlier inquiries. The developments at Felixstowe South and Bathside Bay were both approved in accordance with the recommendations of the respective Inspectors.

Finally, the year saw the conclusion to two guided busway inquiries. The Inspector’s report on the Cambridgeshire guided busway was approved as recommended in December 2005. The Inspector’s reports on the Luton-Dunstable Translink scheme have been sent to the Secretary of State and a decision is awaited.

Defra casework

We deal with a number of types of environmental, countryside and access casework where we report to the Secretary of State for Environment, Food and Rural Affairs.

In February 2006 a combined decision was issued in relation to two Pollution Prevention and Control (PPC) appeals by Biffa Waste. The appeals challenged the Environment Agency’s interpretation of aspects of the European Union’s PPC and Landfill Directives and was a landmark decision for the waste management industry.

Between August 2002 and June 2005, we decided 3,173 Mapping Appeals under the Countryside and Rights of Way Act 2000 as part of the process to create new rights of access to the countryside. The right of access came into effect in stages across the whole of England, concluding on 31 October 2005 with a celebration on Cannock Chase.

We also determine a range of orders and appeals which deal with public rights of way. Notwithstanding an increase in this casework, timeliness was Defra casework improved during the year with the target for site visits being met and that for inquiries only narrowly missed. A customer survey showed high levels of satisfaction with our performance, although because of the complexities of the legislation and strongly held views there is a greater propensity for legal challenge in this area of our work than in any other.The most complex case with which we dealt involved an omnibus order in Oxfordshire which has, to date, required 5 inquiries.

The largest Defra case with which we dealt in 2005/06 concerned the boundaries of the proposed South Downs National Park.The final report was delayed firstly by an injury to the Inspector and secondly by the need to await enactment of the Natural Environment and Rural Communities Act 2006. This addressed the Meyrick judgement in relation to the proper understanding of the term “natural beauty” in relation to the designation of National Parks.

Local Development Frameworks and Development Plans

The Planning and Compulsory Purchase Act 2004 introduced a new system of Local Development Frameworks (LDFs) in England to replace Local Plans and Unitary Development Plans (UDPs). Within these frameworks, local planning authorities will prepare suites of Development Plan Documents (DPDs) and a Statement of Community Involvement (SCIs). Both are subject to independent examination by a Planning Inspector.

During 2005/06, we received 241 SCIs for examination and issued 91 binding reports. No DPD examinations were completed, though the first public examination of a DPD, the Lichfield Core Strategy, began in April 2006. Inspectors will produce binding reports on DPDs, which will allow local planning authorities to adopt and incorporate them swiftly into their LDFs.To assist local planning authorities, we have published guidance on the examination process in both England and Wales and we continue to play a key role in helping to explain the new system by attending events organised by both the public and the private sector.

Costs

Awards of costs are made to and against parties, under Section 250(5) of the Local Government Act 1972, when it can be demonstrated that unreasonable behaviour has caused unnecessary or wasted expense. Allegations of unreasonable behaviour may concern procedural matters or the substance of the case. In 2005/06 the total number of costs decisions in England fell by some 15% to 1,158.

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