Planning appeals accelerated

More planning appeals that are decided via written representations will be processed faster under a new, simplified set of Government regulations. Only evidence put before the local planning authority during the application process will be accepted. Details of the changes and the effect on appellants, LPAs and interested parties are here.

The lawyer Simon Ricketts has commented on the revised procedure:

“If this results in a crisper appeal process, without any loss of quality, there is much to like here, although care will be needed:

• This makes it all the more important that applications when submitted are “appeal ready”, particularly as there is always a risk that the local planning authority may not allow amendments or additions to the application documentation to be submitted during the application process.

• Local planning authorities’ reasons for refusal will need to carefully considered – and the reasoning within officers’ reports.

• Third parties will also need to be careful to make their views known at application stage, without the ability to supplement them subsequently.

• It seems that scope will be lost for parties to narrow down the points at issue during the appeal process.

• The Planning Inspectorate recently changed its guidance to require completed section 106 agreements and unilateral undertakings to be provided when the appeal is lodged. The expansion of the simplified written representations procedure will make it even more important that the completed document has been agreed with the local planning authority and is robust.

• There is usually uncertainty, when an appeal is lodged, as to what procedure the Planning Inspectorate will adopt: inquiry, hearing or written representations. What where the appellant is seeking an inquiry or hearing but the Planning Inspectorate determines written representations to be appropriate? That is already procedurally problematic (for instance when an inquiry is sought and the appellant ends up with a hearing).

Completing a section 106 agreement or unilateral undertaking may take more time than anticipated for reasons outside the parties’ control, or further evidence comes to light which the inspector may refuse to receive.