Planning Inspectorate Newsletter - Issue 13
Bespoke Timetables – A new approach for longer inquiries
As part of the recent package of reforms introduced under the 21st Century Appeals System, the Inspectorate has developed a new process for longer inquiries.
The creation of a bespoke approach for some casework recognises that a standard approach is not always appropriate. The purpose of the arrangements is to provide a more flexible and responsive process for the most complex appeals. By creating a bespoke timetable early in the appeal process all parties should be clear what is expected of them and inquiries should run more smoothly and without delays, adjournments or overruns.
Bespoke timetables will apply (at least initially) to inquiries of 8 sitting days1 or longer and to all Secretary of State call-in cases. It should ensure that these cases are conducted as efficiently as possible, achieving time savings for all parties. Once the new approach has been successfully established, consideration will be given to extending the approach in the future to inquiries of shorter duration.
A core principle on which the changes to the appeal service are based is that appellants are ready to appeal when they submit their appeal, either against the refusal of planning permission or the failure of an authority to issue a decision. Likewise, local planning authorities are at the time of decision expected to be ready to defend that refusal or, where they fail to reach a decision expected to be able to explain their reasons for so doing. Both parties should also be ready to put their arguments on cases called-in for determination by the Secretary of State.
However, it is accepted that for longer, more complex inquiries a standardised approach is not necessarily the most efficient or the most effective way to deal with an appeal. In some cases it has proved possible to expedite the arrangement of an inquiry and conclusion of an appeal by mutual agreement between the parties, subject to the availability of an Inspector.
Bespoke timetables will be agreed between the appellant, the local planning authority and the Planning Inspectorate with the involvement of other parties who have a statutory right to appear, where they are known at the time. Using the flexibility provided for under Rule 20 of the Inquiry Procedure Rules, the bespoke timetable will set out different mutually acceptable timescales appropriate to the case. These timetables will cover both the submission of evidence and the holding of the inquiry. The timetable may differ in many respects from the standard inquiry timetable required under the normal rules. However, the measure currently applies only to inquiry casework conducted under Sections 77 and 78 of the Town and Country Planning Act 1990.
The purpose of creating a bespoke arrangement is to ensure that the most complex appeals are conducted as efficiently as possible and with discipline by all parties, making best use of all parties’ resources. They should remove wasted effort often incurred by the main parties and the Inspectorate in seeking to set up events and to maintain timetables. Larger inquiries should be completed in accordance with their bespoke timetables without the need for unplanned adjournments or unanticipated additional sitting days. In applying the bespoke process the Planning Inspectorate will always have full regard to the fairness of the process to all parties’ interests.
To be successful this measure requires a change in practice by all parties. Parties will need to work constructively to identify mutually acceptable dates and must avoid any attempt at “tactical advantage”. It requires close liaison and cooperation at all stages, but especially immediately prior to the appeal being lodged where the appeal is against a refusal of permission. The planning Inspectorate is actively promoting the need for such change as part of the 21st Century Appeals process.
A new Good Practice Advice Note (PINS/GPA 05/2009) , which was published on 18 June 2009 sets out how the new approach will work in more detail.
1, This will include both 8 day or longer inquiries held in respect of appeals where the decision is transferred to the Inspector and those where the appeal has been recovered for the Secretary of State to determine.
