Planning Appeals and Householder Appeals

• Posted by David Jones on 14th Apr ’09 at 10:13 BST
• 0 comments

The Planning Act received Royal Ascent in November last year; one of the main aims is to expedite the appeal process with a focus on ensuring that schemes are dealt with by the correct procedure (e.g. written representations for small scale development with minimal public interest) more customer focus and general efficiency.

These changes came into effect on 6th April 2009, summarised as follows.

Appeal Process – the appellant and LPA will have the opportunity to put forward their views on their ‘preferred’ procedure, however, the Planning Inspectorate will have the overriding power to decide upon whether appeals should be undertaken through written representations, hearing or inquiry.

Appeal Documents – applicants are advised not to appeal unless all efforts to negotiate solutions with local planning authority have been exhausted. At the time of appeal appellants should be confident that the case presented is clear and that further evidence does not need to be submitted.

Householder Appeals – a streamlined appeal process for householder planning appeals (general alterations to dwelling houses) whereby an 8–week determination period will be applied. Furthermore the appeal will need to be lodged within 12–weeks of the application decision date. The Local Authority must rely upon the original refusal notice and accompanying officer report. Local Authorities will not be permitted to submit further representations.

Statement of Common Ground – in the case of hearings or inquires main parties will no longer be able to submit final comments at the 9–week stage and the statement of common ground will be required 6–weeks after the appeal has started.

Correction of Errors – the appellant or landowner’s written consent will no longer be required to correct an error in a Planning Inspectors decision under the ‘Slip Rule’ (i.e. a minor error that does not materially affect the decision).

Making Costs Applications – parties to an appeal will be able to apply for costs through the written representation procedure. Formally this was only permitted with hearing and Inquiry appeals.

David Jones, Partner in Charge of Planning commented–

"The industry has expressed mixed reaction to the proposed changes. Whilst the ability to make an application for costs upon a written appeal is seen as a positive measure, there is concern that this will increase the burden upon inspectors and potentially slow up determination of such appeals.

The fast tracking of Householder appeals is supported however it will potentially put more pressure on planning officers. Some authorities will need to improve procedures to ensure that officer reports adequately deal with all salient issues.

The ability for the Planning Inspectorate to determine the type of appeal is of more concern to some clients, the ability to explore issues in an inquisitorial environment is in some cases important and the recent changes could well leave some appellants feeling short changed.

If you are considering making an application or wish to appeal against a refusal then please contact one of the planning team a Evans Jones LLP 01242 522822 for an initial free appraisal of your case." 02-04-2009