Planning Inspectorate Newsletter - Issue 8
The Work of the Planning Inspectorate in Wales
The Planning Inspectorate surveys its customers annually to discover the extent to which they are satisfied with the service we provide and how we can improve. To obtain information specific to Wales a Focus Group was held last year of 5 Welsh local planning authorities and 6 planning agents who conduct appeals in Wales. Their discussion revealed generally high satisfaction with the service we provide. But a number of issues were raised that this article seeks to address.
PINS Wales
The Inspectorate is, uniquely, an Agency in both the Department of Communities and Local Government and the Welsh Assembly Government. The Agency is organised into Directorates. All casework in Wales comes under my control as Director for Wales, handled by a team known as PINS Wales. This comprises 21 Inspectors who work from home and 20 administrators who work in the Assembly Government offices in Cathays Park, Cardiff. The team is self-contained in that all casework is administered from the Cardiff office and the Inspectors work full-time in Wales. That said there is free exchange of Inspectors between England and Wales in both directions, for example when particular Inspector expertise is needed.
The planning and appeals systems in Wales are becoming much more specific to the devolved agenda and as a result operate under different secondary legislation, procedural rules and national policy statements. The differences have become more marked following the Planning and Compulsory Purchase Act 2004. This established a different development plan system in Wales and many of its legislative changes, such as the reduction in the period of permission from 5 to 3 years, have yet to be introduced in Wales. The differences are likely to increase following the Government of Wales Act 2006, which enables the Welsh Assembly Government, subject to UK Government approval, to pass legislation known as Assembly measures, equivalent to primary legislation, in relation to devolved matters. Consequently, PINS Wales has developed its own procedures and deals itself with policy issues specific to Wales whilst also working closely with colleagues in England, in particular the Director of Policy and Head of Profession, to ensure consistency in our standards and professional practices.
Electronic Communications
A new computer system, PCS, has been introduced in Wales over the past 12 months. Its development will continue through 2008 and in to 2009. It is designed to facilitate electronic working and provide access to appeal data through the Planning Portal. From 14 January 2008 it has been possible to search for an appeal submitted after that date through the Portal. Most in the Focus Group welcomed greater electronic working. But we recognise there have been teething problems that we need to resolve with our customers. The next phase of the PCS system, to be implemented in June 2008, will enable local planning authority questionnaires and comments by the public to be completed on-line through the Portal. We will be going out to meet our customers at stakeholder meetings later this year to publicise PCS and electronic working.
Appeal Procedures
Whilst many hearings and inquiries are necessary for the Inspector to gather the information to decide an appeal that is sadly not always true. In far too many hearings the Inspector learns nothing to add to the information in the written evidence. That applies equally in England and Wales. The Planning Bill currently before Parliament, if passed, will enable the Inspectorate to determine the appeal procedure on behalf of Ministers against published criteria. But that does not mean PINS would automatically impose written representations. We would choose the most suitable procedure taking the views of the parties into account. The Welsh Assembly Government intends to seek provision through the Planning Bill to enable it to take this power forward in Wales should they wish, but only following full public consultation.
Several at the Focus Group said that we regularly underestimate the length of inquiries. Although inquiries do over-run, case officers in Cardiff make every effort to estimate inquiry length from the minimal information they are given. It is a simple matter to pick up the telephone if you think we’ve got it wrong! Tell us how many witnesses you have and how long you think it will take.
And finally on this topic, let me congratulate the person who said at the Focus Group “Inspectors are frustrated when we end up giving them a statement of common ground on the morning of the inquiry.” No, it wasn’t an Inspector!
Quality and Making Complaints
Comments at the Focus Group indicate concern that quality is affected by our Ministerial targets relating to the time to deliver decisions. I understand that concern but the timely delivery of a decision is part of the quality service our customers are entitled to expect. Remember that we work to statutory timetables, and to targets set by the Welsh Assembly Government.
One specific aspect discussed by the Focus Group was the length of decisions. I freely acknowledge there has been a conscious move by the Inspectorate to produce more concise decisions. There is no point in reproducing information that is well known to everyone or reciting arguments that are known and understood. Nor should we deal with issues other than those on which our decisions turn – what the Courts have described as ‘the principal controversial issues’. Nonetheless shorter decisions must not imply any reduction in standards. Please let me know of any specific decisions that cause concern.
Now to complaints; some of those present at the Focus Group did not have confidence that a complaint would be thoroughly investigated. Accept my assurance that we take every complaint very seriously. But remember, a decision can only be changed if it is successfully challenged in the courts. So if we accept following a letter of complaint that an Inspector has made an error please do not expect the decision to be changed. What you can expect is a thorough investigation of your complaint followed by a written reply acknowledging any mistake. If a mistake is made the Inspector will be told and any necessary training given. Lessons will be learnt and passed on to all Inspectors in Wales and, if appropriate, in England also.
Concern was expressed at the qualifications and technical knowledge of Inspectors. Where an appeal requires specialist expertise or technical knowledge we aim always to appoint an appropriately qualified Inspector. In the rare cases this is not possible an Assistant Inspector or an Assessor is appointed to provide the necessary technical knowledge. Furthermore, work in the Inspectorate is continuous and on-going to ensure that Inspectors are given the training they require to equip them with the necessary skills.
Those at the Focus Group wanted access to the professional staff in Wales. But direct access to Inspectors would risk compromising their impartiality. Detailed day-to-day issues are best handled by the experienced administrative staff in Cardiff. Nonetheless an important part of my role is to be the outward face of PINS Wales dealing with our customers. I am therefore always available to deal with matters of concern, either by e-mail: john.davies.xd@pins.gsi.gov.uk, or telephone: 029 2082 3861.
Finally, those at the Focus Group felt that the Inspectorate had a role in promoting best practice, a view we share. We will be holding a seminar on 22 February on enforcement that will be presented by me, Tim Morgan a fellow Inspector and the Head of Planning and Transportation for the Vale of Glamorgan Council, Rob Thomas. More such events to foster best practice will follow if this one is well received, as seems likely from the volume of requests to attend.
We are also arranging a series of stakeholder meetings around Wales later this year to deal with the issues raised at the Focus Group and dealt with briefly in this article. We will be publicising these events shortly. This article is meant to start a process of dialogue and I hope as many of you as possible will take the opportunity to come along to learn about our work and engage with us. Only by listening and responding to the views of our customers in Wales can PINS Wales continue to provide the highest quality appeals service.
John Davies
Director, PINS Wales
