The statement of common ground is a written statement prepared jointly by the Local Planning Authority and the appellant. It should be received by the Secretary of State no later than four weeks before the inquiry. The purpose of the statement of common ground is to set out the agreed factual information about the appeal proposal, leading to shorter proofs of evidence and saving time at the inquiry.

The statement should contain basic information on which the parties have agreed, such as the precise nature of the appeal proposal, a description of the site, its planning history and the relevant planning policies in the Development Plan. Specific items that should be included are set out below. The statement should not include opinion or comment. Matters which remain in dispute should be dealt with in the proofs of evidence. The statement should complement the proofs of evidence and not duplicate them.

In addition to basic information about the appeal, agreement can often be reached on technical matters and topics that rely on basic statistical data. For example, traffic evidence can be simplified and the issues refined by agreeing matters such as traffic flows, design standards, and the basis for forecasting the level of traffic the proposal would generate. The topics on which agreement might be reached in any particular appeal will depend on the matters at issue and the circumstances of the case.

Agreement should be sought before the inquiry about the conditions that any permission granted should contain. It is sensible to reach agreement on any necessary section 106 planning obligations before the inquiry, as material submitted after the inquiry cannot normally be taken into account.

As well as identifying matters which are not in real dispute, it may also be useful for the statement to identify areas where agreement is not possible. The statement should include references to show where those matters are dealt with in the proofs or other documentary evidence.

However, the duty of Inspectors is not simply to accept the statement of common ground or to react to the evidence presented. Consequently, Inspectors will probe the evidence thoroughly if their judgement or professional expertise indicates that either:

all of the evidence necessary for a soundly reasoned decision has not been put before them; or,
that a material part of the evidence they do have has not been adequately tested.

The investigative role can be particularly important in call-in cases, where it is possible for the Local Planning Authority to be on the same side as the applicant. Here, Inspectors will ensure that the other side of the argument is explored thoroughly, especially with regard to the matters fundamental to the decision, rather than seemingly accepting the statement of common ground without question.

Further guidance is given in Annex 3(ii) of Circular 5/2000.

Do include –

Basic factual information, where there is no dispute between the parties, on matters such as:-

The appeal proposal, including details of any amendments to the application

A description of the site (including agreed dimensions) and surrounding area

The relevant planning history

A list of relevant development plan policies, including the stage reached and weight to be attached to any draft plan

A list of relevant national planning advice (PPG’s Circulars), regional planning advice and any relevant supplementary planning guidance

Agreed evidence on technical matters, and topics which rely on statistical data, eg:- traffic flows

Appeal reference: APP/Z1234/A/01/1234789

Date of inquiry: 12 December 2001

Site Address and Description of the Development: The Depot, Green Lane, Malcombe, Lincolnshire. Use as a depot for the storage of fairground equipment and the siting of three residential caravans.

Appellant: J Smith & Co Ltd

Local Planning Authority: East Lincs DC

Description of the Site and Surrounding Area

The site covers 0.5 hectares and consists of hard surfaced open land with a large industrial workshop building at the rear. It is enclosed by security fencing apart from trees planted along the northern boundary, on the frontage to Green Lane, where there is a gated entrance.

The site is on the runway of a former airfield lying immediately to the west of the village of Malcombe. The airfield has been developed for industrial and business use and part of it has been designated as the Malcombe Industrial Estate. As well as agriculture, there are industrial and commercial uses in the vicinity, including a haulage business and a bus garage. There are a few dwellings around the airfield, including one opposite the appeal site and one 50m to the west, on the far side of Green Lane.

The site is about 1km from the village of Malcombe, which has a post office/general store, a public house and a garage. The nearest schools, hospitals and other community services are about 15km away in Newtown.

The site and surrounding area is flat. The Local Plan Inset Map for the Malcombe Industrial Estate indicates that trees will be planted to landscape the developed area.

Planning History of Site

After the airfield use, the appeal site and building were used as a sawmill. In November 1995 planning permission reference 95/123 was granted for the temporary siting of a portakabin for use as an office.

In November 1996 conditional planning permission reference 96/345 was granted for the use of the former sawmill as a road haulage depot with warehousing, distribution and office facilities.

In April 1997, following an application to continue the use without complying with the conditions, a further permission reference 97/678 was granted reimposing the conditions in a modified form.

Development Plan

The development plan for the area is Alteration No 3 of the Lincolnshire Structure Plan, adopted in 1995, and the East Lincs District Local Plan, adopted in 1999.

The relevant policy in the Structure Plan is H5.

The relevant policies in the adopted Local Plan are L10, E9 and 12 and H23.

An East Lincs District Local Plan Alteration No 1 First Deposit Draft was published in April 2001. The Plan is still in a very early stage and carries relatively little weight. The relevant policies are H23 and E9.

Copies of the relevant policies are in Appendix 1 to the LPA’s proof of evidence.

Conditions

The parties agree that, if planning permission is granted, it should be subject to conditions:-

i) preventing vehicle movements into and out of the site between 2200 and 0700 hours;

ii) limiting the number of vehicles and trailers stored on the site to six tractor units and twelve trailers;

iii) restricting the number of residential caravans on the site to three;

iv) preventing the occupation of the caravans other than in association with the storage of fairground equipment.

Matters not in Dispute

In view of the existing permission for the use of the site as a road haulage depot including storage and distribution facilities for heavy goods vehicles and trailers, the element of the appeal proposal relating to the parking and storage of a smaller number of lorries and trailers and maintenance of equipment is agreed to be similar to the previous lawful use of the site. Therefore, subject to imposition of the agreed conditions, it is considered to be acceptable.

Matters in Dispute

The main area of disagreement is the siting of three residential caravans in association with the remainder of the use. This issue is dealt with in paragraphs 10 to 15 of the appellants’ proof of evidence and in paragraphs 8 to 12 of the LPA’s proof.

Signed on behalf of appellants
Signed on behalf of LPA

J Brown Date: 3.10.01
A Green Date: 4.10.01

Position: Planning consultant
Position: Planning officer

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Statement of Common Ground - simple appeal model example

Sample statement of common ground – Simple Appeal