Frequently asked questions and answers on the arrangements for Planning Appeals submitted on or after 1 August 2000 to the Planning Inspectorate. General queries can be found on our F A Q page.

How strict is the Inspectorate being in enforcing the deadlines?
Are parties able to request extensions of time for submitting representations?
What if the Inspector does not have enough information on which to reach a decision because late correspondence is not being taken into account?
Can appeals be submitted via the website?
Why return statements of case if they are outside the 6 week deadline when the inquiry will not take place for many weeks thereafter?
What will an Inspector do if presented with proofs of evidence etc at the opening of an inquiry or hearing that may already have been returned by the Inspectorate as out of time?
These arrangements put the onus on the Planning Inspectorate to exchange documents within deadlines. What happens if you fail?
What if only one party submits their proof of evidence on time?
LPAs are being put to the expense of double notification of third parties about hearings and inquiries under these arrangements. They only had to notify once under the old arrangements?
How will the start date be calculated if the procedure is changed after the original notification letter has been sent out?
Is the Inspectorate taking a tougher line on requests for abeyance and postponement?
Will the Department be introducing legislation to require both parties to accept the first offer date for a hearing/inquiry?
How much does the Inspectorate expect to save as a result of introducing these rules?
What impact are the Rules having on the targets for deciding planning appeals?
Where the main body of a statement is sent to the Inspectorate in time, will any appendices be accepted if they arrive after the deadline?
The parties have been asked to reduce the number of quotes from PPGs etc, does the Planning Inspectorate have a list of documents that it is not necessary to quote from?
Does the Department anticipate that the Human Rights Act will affect the workings of the new rules and regulations?
The requirement to specify all policies and proposals in the development plan which are relevant to the decision could be very onerous?

Question. How strict is the Inspectorate being in enforcing the deadlines?

Answer. Very. The only exception allowed is where there are extraordinary circumstances such as a postal strike, the appellant is seriously ill, or to give a third party more time where the LPA is late in notifying them of an appeal.

Question. Are parties able to request extensions of time for submitting representations?

Answer. Yes -but they are only granted in exceptional circumstances. For example where a third party has not been informed of an appeal until a late stage.

Question. What if the Inspector does not have enough information on which to reach a decision because late correspondence is not being taken into account?

Answer. The Inspector has the powers to seek further information from the parties if it is felt necessary.

Question. Can appeals be submitted electronically?

Answer. Yes, appeals can be submitted by email to: postalappeals@pins.gsi.gov.uk The same rules about time limits and us receiving all essential supporting documents etc still apply. You can submit appeals online using the Planning Casework Service PCS

Question. Why return statements of case if they are outside the 6 week deadline when the inquiry will not take place for many weeks thereafter?

Answer. It is essential that the parties should comply with the deadlines. Under the old arrangements too many parties submitted their representations outside the deadlines. The Planning Inspectorate is seeking a change in culture leading to a partnership between all the players in the appeal process.

Question. What will an Inspector do if presented with proofs of evidence etc at the opening of an inquiry or hearing that may already have been returned by the Inspectorate as out of time?

Answer. The Planning Inspectorate expects that the Inspector will normally adjourn for a period to allow all sides to read the proof etc. This adjournment may only be a couple of hours or may involve coming back on another day. There will be a possibility of a successful claim for costs (paragraphs 32 & 33 of the Circular).

Question. These arrangements put the onus on the Planning Inspectorate to exchange documents within deadlines. What happens if you fail?

Answer. The Secretary of State or the Inspector has powers to allow further time for anystep.

Question. What if only one party submits their proof of evidence on time? This will be copied to the other side who will have the advantage of knowing the case without having to submit their own until the opening of the inquiry.

Answer. This is completely outside the spirit of what the Planning Inspectorate are trying to achieve in the way of a partnership. Hopefully, the prospect of adjournment and costs and the criticism of a non professional approach will avoid this happening.

Question. LPAs are being put to the expense of double notification of third parties about hearings and inquiries under these arrangements. They only had to notify once under the old arrangements.

Answer. This is true. It is hoped that allowing third parties to submit comments in writing prior to the inquiry/hearing will lead to a more efficient and quicker inquiry/hearing and this will compensate for the extra expenditure.

Question. How will the start date be calculated if the procedure is changed after the original notification letter has been sent out?

Answer. When the procedure changes, a letter explaining the change and setting a new start date will be sent to the main parties.

Question. Is the Inspectorate taking a tougher line on requests for abeyance and postponement?

Answer. The Planning Inspectorate continues to examine each request on its merits. However there is a presumption that appeals should be handled within the normal timetable without the need for abeyance and postponement.

Question. Will the Department be introducing legislation to require both parties to accept the first offer date for a hearing/inquiry?

Answer. We have no current plans to do so. It is for the Secretary of State to fix the date in accordance with the relevant Hearings or Inquiries Rules. Where parties get together to agree a mutually acceptable date, the agreed date should be within the timetable set by the rules.

Question. How much does the Inspectorate expect to save as a result of introducing these rules?

Answer. The purpose of the rules is to improve the handling of planning appeals so that all parties benefit. The new procedures involve the Inspectorate in additional work in forwarding representations to the parties. However the quicker timetable should help to compensate all the parties for the additional work.

Question. What impact are the Rules having on the targets for deciding planning appeals?

Answer. The targets for deciding planning appeals are being made more challenging each year. However, in any event, the Planning Inspectorate believes that for the benefit of all the parties it is essential to avoid appeals being delayed by late representations. The rules give the Secretary of State the power to disregard late representations in certain circumstances and thus help achieve the targets.

Question. When will the 2000 Rules be applied to Wales?

Answer. The rules do not apply to Wales. As this is a devolved matter the Assembly will need to make their own amending legislation before the new rules can apply.

Question. Where the main body of a statement is sent to the Inspectorate in time, will any appendices be accepted if they arrive after the deadline?

Answer. All the information ('hearing statement' and 'statement of case' (inquiries) are defined in the respective Rules) must be received within the deadline.

Question. The parties have been asked to reduce the number of quotes from PPGs etc, does the Planning Inspectorate have a list of documents that it is not necessary to quote from?

Answer. No but work on the basis that Inspectors will be aware of anything produced by DCLG. If the Inspector is not familiar with the document referred to, he/she will ask for more information.

Question. Does the Department anticipate that the Human Rights Act will affect the workings of the new rules and regulations?

Answer. In the Department's view the provisions should not conflict with the Human Rights Act.

Question. The requirement to specify all policies and proposals in the development plan which are relevant to the decision could be very onerous?

Answer. The Planning Inspectorate only wants those that are relevant to the decision. They do not need to be spelt out in full - a reference to the policy number will be adequate.