21st century Appeals system proportionate, efficient and customer focused The Planning Inspectorate

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21st century Appeals system - proportionate,
efficient and customer focused The Planning
Inspectorate
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Planning White Paper
An appeals system that - is more proportionate
to the type and complexity of each appeal - has
improved customer focus and efficiency at its
core - is better resourced
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Key measures

• Section 196 Planning Act 2008 inserts new s319A
  into the TCPA giving Planning Inspectorate (on
  behalf of SoS) power to determine procedure
  Written Representations, Hearing or Inquiry
• Introduction of new Householder Appeals Service
• Improved procedures/guidance on appeal handling
  new SIs
• Extension of costs to written representations
• All above implemented from 6 April 2009
• Charging for appeals
• Changes to enforcement and LDCs

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Statutory Instruments

• The Town and Country Planning (General
  Development Procedure) Order 1995 (SI
  1995/419)1
• The Town and Country Planning (Determination of
  Appeal Procedure) (Prescribed Period) (England)
  Regulations 2009 (SI 2009/454)
• The Town and Country Planning (Appeals) (Written
  Representations Procedure) (England) Regulations
  2009 (SI 2009/452)
• The Town and Country Planning (Hearings
  Procedure) (England) Rules 2000 (SI 2000/1626)
• The Town And Country Planning (Inquiries
  Procedure) (England) Rules 2000 (SI 2000/1624)
• The Town and Country Planning (Determination by
  Inspectors) (Inquiries Procedure) (England) Rules
  2000 (SI 2000/1625)2
• 1 Amended by the Town and Country Planning
  (General Development Procedure)(Amendment)
  (England) Order 2009 (SI 2009/453)
• 2 Amended by The Town and Country Planning
  (Hearings and Inquiries Procedure) (Amendment)
  (England) Rules 2009 (SI 2009/455)

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Policy Framework

• Written Ministerial Statement relating to the
  appeals process was made in Parliament on 11
  March 2009. This Statement sets out the
  Governments policies on how the appeals regime
  should operate. It will be taken fully into
  account by the Secretary of State and Inspectors
  when dealing with appeals. This Statement was
  made by Iain Wright MP (Parliamentary under the
  Secretary of State) in the House of Commons and
  Baroness Andrews MP in the House of Lords. It
  can be accessed via the following link
  www.publications.parliament.uk/pa/ld200809/ldhansr
  d/text/90311-wms0001.htm09031167000105

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Determining the procedure

• The Planning Inspectorate will adopt the
  procedure which is appropriate to the case by
  applying published criteria approved by Ministers
  to identify appropriate procedure
• Main parties invited to suggest appropriate
  procedure against criteria
• Professional expertise to inform administrative
  decisions reasons given where disagreement on
  choice of procedure
• Inspector discretion to change procedure
• Advisory Panel on Standards (APOS) independent
  oversight of application of criteria by the
  Planning Inspectorate
• Determination to be within 7 days

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Written representation process

• Part 1 Procedure for householder appeals 12
  week appeal period no further representations
  post appeal decision within 8 weeks.
• Part 2 non householder appeals 6 month appeal
  period 6 week and 9 week further representation
  stages decision within 6 months

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Householder Appeals Service

• Expedited written representation process
• Reliance on LPA file
• Appellant to submit full case on appeal form
• Interested persons to rely on what they say at
  application stage
• Operated as an electronic service
• 80 of decisions within 8 weeks
• Piloted since January 2008

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Culture/behavioural change

• Appeal should be last resort
• Appeal should be about the scheme considered by
  the LPA
• Focus on early and complete disclosure
  resistance to late evidence and changes to
  schemes
• Aim to improve the quality and reduce the
  quantity or material

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What you need to know

• Planning Inspectorate guidance on appeal process
  covering
• Nature content of documents
• Submission of evidence
• Introducing new material
• Fixing of inquiry and hearing dates
• Statements of common ground

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Nature and content of documents

• Appeals should be complete on submission ie
  they include
• - the appeal form
• - all relevant plans and drawings that were the
  subject of the application
• - the relevant certificates
• - design and access statement where required
• At least 30 of all appeals are incomplete

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Submission of evidence

• Adhere to the timetables set in Rules and
  published on Inspectorate website
• No surprises it is not about wrong footing
  the opposition
• Evidence should be focused, relevant, necessary
  and as concise as possible (aim for max 3000
  words) shared core documents.
• PINS to develop Templates to improve the quality
  and reduce the quantity of evidence
• Make proper use of the Costs regime to regulate
  behaviour

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Introducing amendments and new material

• Critical importance of continuing dialogue
• Amendments to schemes- Wheatcroft principles
• LPA relying on reasons for refusal
• Evidence before LPA basis for appeal
• De novo role of SoS - may deal with the
  application as if it had been made to him in the
  first instance. S79(1)(b) 1990 Act

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Fixing Hearing and Inquiry dates

• Window of 10-20 weeks for fixing inquiry start
  date
• High rate of rejection (80) of first offer date
• Expectation that appellants are ready when they
  appeal
• Encourage early dialogue between main parties on
  availability within timetables
• Parties to agree 2 dates (within window) to be
  suggested to the Inspectorate at time of appeal
• Bespoke timetabling for more complex cases (8
  days )

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Statements of Common Ground

• Intention to narrow issues and focus evidence
• Frequently arrive during or at end of LI
• New requirement to submit 6 weeks after start of
  appeal with statements of case.
• Value of SoCG in identifying areas of
  disagreement as well as agreement
• Early dialogue essential
• Costs sanction

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Costs

• Extend to Written Representation cases including
  householder appeals
• Importance of robust costs process to regulate
  system
• Important for parties to use the costs regime
  effectively
• Costs do not follow outcome unreasonable
  behaviour/unnecessary expense
• New revised Circular

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Enforcement provisions

• Appeals against planning applications relating to
  development subject to enforcement will have 28
  day appeal period.
• Lawful development appeals to be aligned to
  planning appeals process ie 6 month time limit to
  appeal power to use written representations.
• Power to decline repeat applications where
  similar development refused permission on
  enforcement appeal.
• Not to implemented yet

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Charging for appeals

• CLG in conjunction with the Planning Inspectorate
  is currently formulating proposals on charging
  for appeals and will consult again publicly prior
  to introducing appeal fees.

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Major planning cases

• IPC is proposed for major infrastructure projects
• PINS will continue to deal with major cases under
  the Planning Acts
• 2005 MIPs rules provide framework for major
  planning inquiries based on team working,
  concurrent sessions and streamlined processes.
• These are being used for the first time at the
  forthcoming Stansted G2 Inquiry originally due to
  start on 15 April 09.

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Targets

• The Departmental (CLG) Strategic Objectives for
  appeals from April 09 will be for the Planning
  Inspectorate to
• Issue Decisions/Reports in accordance with
  Bespoke timetable in all cases.
• Process 80 of remaining s78 appeals end to end
  within 6 months.
• Determine 80 of fast tracked householder
  appeals within 8 weeks

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Contact details

• For queries on the Household Appeals Service
  please contact Gavin Ewing
• Telephone [phone]
• E-mail gavin.ewing_at_pins.gsi.gov.uk
• For all other queries please contact our Customer
  Services Team
• Telephone [phone]
• E-mail enquiries_at_pins.gsi.gov.uk