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21st Century Appeals Service

Introduction

All the changes that are being introduced by the planning act 2008 are designed to ensure that the appeal process is simpler, easier and more efficient for all the main parties. In order for this to happen, there will be a number of changes that will have to occur. These pages will provide you with all the information you need on the changes introduced by the Planning Act.

Ministerial Statement

This is a ministerial statement made by Baroness Andrews and Iain Wright.  It sets out the Governments aims and objectives of the new suite of legislation, notably to make it more proportionate, customer focused and efficient, while maintaining the principles of fairness, openness and impartiality.

View the Ministerial Statement 19KB

Procedural Guidance

This guidance explains the procedures in England for the handling of planning appeals and planning applications which are called in for determination by the Secretary of State. It explains the main aspects of how the three procedures – written representations, hearings and inquiries - operate under the relevant rules and regulations.

Presentations

These PowerPoint presentations provide an overview of the new appeal changes including the Householder Appeals Service. Both can be used for cascading training to planning officers, elected councillors and stakeholders.

Determining the Appeal Procedure

New section 319A of the Town and Country Planning Act 1990 (inserted by section 196 of the Planning Act 2008) gives the Secretary of State the power to determine the procedure for dealing with various appeals and applications. This power, which has been commenced in relation to planning and enforcement appeals, will be exercised by the Planning Inspectorate on behalf of the Secretary of State, with reference to the published criteria to be applied in making a determination.

Criteria for determining procedure - planning appeals 20kb

Criteria for determining procedure - enforcement Appeals 20kb

Householder Appeals Service

The Householder Appeals Service is an expedited procedure for householder appeals which proceed on the basis of written representations. Appeals against refusals on householder applications which the Planning Inspectorate has determined will proceed on the basis of written representations will be within the scope of the Householder Appeals Service. This includes:

  • appeals relating to an application for development such as
    dwelling house extensions, alterations, garages, swimming
    pools, walls, fences, vehicular access, porches and satellite
    dishes (this list is not exhaustive);
  • appeals against the refusal of householder applications for
    planning permission, as well as refusal of any consent /
    agreement / approval required by or under a planning
    permission, development order or local development order;
  • appeals against a local planning authority’s decision to refuse
    to remove or vary a condition or conditions attached to a
    previous planning permission for householder development.

Householder Appeals Service Guidance for Local Planning Authorities 208kb

Costs

The new circular sets out guidance on the award of costs in England, including new guidance on the extension of the costs regime to cases dealt with by written representations.  The circular can be accessed via the following link:

Circular 03/09: Costs Awards in Appeals and Other Planning Proceedings.

Correction of Errors

The Planning Inspectorate has the power to correct simple errors in decisions, subject to the agreement of the applicant/landowner. There is no longer a requirement to obtain the agreement of the applicant/landowner before making any such change. This will greatly increase the speed with which errors can be corrected.

This power only applies to errors that would not change the substance of the decision, ensuring that no parties are disadvantaged (for example, correcting typographical errors).

Letters to Local Planning Authorities

We have written to all councils on two occasions and to LPAs three times regarding the changes to the appeal process in order that systems, procedures and staff are ready to operate the new ways of working.

View the letters to Local Planning Authorities

Letters to Planning Consultants and Planning Agents

We have written to planning consultants and planning agents outlining the key changes to the new ways of working.