The 2000 Planning Appeal Procedures, or 'Be Prepared'
Talk and Listen
Agree
When submitting the Appeal
To be Timely
To be Brief
To be Open
To be Fair
Useful sources of Information
It is a little known fact that this so familiar motto encapsulates a fundamental principle of the planning appeals system, that those involved in planning appeals should be prepared to act in the spirit of the procedures if they are to work as intended. This article deals, from the agent's perspective, with the new appeal procedures introduced on 1 August 2000, which are intended to bring increased fairness and improve the speed and efficiency of the appeals system. They will only achieve this if everyone accepts their share of responsibility.
Be Prepared - to Talk and Listen
First responsibility - to talk, mainly to the LPA but also to those who might be affected. Projects should be discussed at the earliest opportunity with the LPA. Discussions should be meaningful; it is no use talking without being prepared to listen and compromise. If the application is refused, there may yet be a solution that avoids the time and expense of an appeal, which should only be made when all else has failed.
Talking should continue after submitting the appeal has been submitted. For all inquiries, appellants must submit statements of common ground by the same deadline as their proofs of evidence (4 weeks before the inquiry). Although there is no equivalent requirement for hearings or written representation appeals, whatever procedure is adopted, unnecessary argument and time wasting can be avoided by identifying areas of agreement.
Be Prepared - when submitting the Appeal
Previously the Inspectorate accepted incomplete appeal forms and chased late submissions. That is a thing of the past. Not until the Inspectorate has all the necessary information will the appeal be accepted as valid and that must be within 6 months of the decision or it will be rejected. Do not therefore submit an appeal until it has been properly prepared. Attach all the necessary documents to the appeal form and make sure it contains clear grounds of appeal, based on the list of relevant policies on the decision notice.
The date of the letter notifying the appellant and local planning authority of the acceptance of a valid appeal is the start date. It determines the start of the appeal timetable for all three appeal procedures (written representations, hearings, inquiries):
- Within 2 weeks of start date - LPA submit questionnaire and notify those who might wish to comment
- Within 6 weeks of start date - LPA and appellant submit statements; others notified submit representations
- Within 9 weeks of start date - final comments by LPA and appellant.
It is unfair on those who respect the appeal timetable if extra time is given when a deadline is missed without good reason. Late representations will normally be disregarded and returned by the Inspectorate. Only in extraordinary circumstances will they be accepted and sent on to the Inspector.
When writing any representation, be brief and succinct. Inspectors write decisions by first defining the main issues, and then dealing with each in turn; this approach is commended. It saves time and leads to less paper, which helps everyone, particularly including the Inspector! Provide adequate grounds of appeal on the appeal form, thereby avoiding should be the need to submit anything another statement for the appellant at the 6-week stage, other than to respond to new points in the questionnaire.
Appeals are not the time for surprises. They are won by placing all the information to support the case before the Inspector. If a statement is late without good reason it is sent back, so the Inspector does not have that information to aid the decision, which helps no one. Nor does it help to exchange late statements with the LPA. It is bad practice, contrary to the spirit of the rules, is unfair to those who might be affected and leaves the Inspector lacking essential information. When If presented later at the hearing or inquiry, time will be wasted, as the Inspector will have to adjourn to read it even if the other side has seen it. So get it in on time!
It is also unfair to use the opportunity to comment at the 9-week stage in order to introduce new points. Comments should be just that!
The Royal Town Planning Institute and Planning Inspectorate are jointly preparing a new Planning Practice Standard (PPS) on the handling of appeals under the new procedures, setting out best practice advice for town planners.
Circular 05/2000 - available
from the Stationery office and booksellers.
When published, the new PPS will be available on the RTPI's web site, see Related Links page for further information.
If you have any comments in regards to this page, please email enquiries@planning-inspectorate.gsi.gov.uk or fill out our web site feedback form.
