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21st century appeals system - proportionate, efficient and customer focused the planning inspectorate

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. Key measures. Section 196 Planning Act 2008 inserts new s319A into the TCPA giving Planning Inspectorate (on behalf of SoS) power to determine procedure

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21st century appeals system - proportionate, efficient and customer focused the planning inspectorate

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    2. Planning White Paper Key points: Full consultation 2007 alongside Planning White PaperKey points: Full consultation 2007 alongside Planning White Paper

    3. 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 Key Points: Determining procedure controversial but recently carrried in vote in House of Lords Charging for appeals - details to be subject to further consultationKey Points: Determining procedure controversial but recently carrried in vote in House of Lords Charging for appeals - details to be subject to further consultation

    4. 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)

    5. Policy Framework Written Ministerial Statement relating to the appeals process was made in Parliament on 11 March 2009. This Statement sets out the Government’s 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/ldhansrd/text/90311-wms0001.htm#09031167000105

    6. 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 Key Points: Indicative criteria used by PINS voluntarily for 4 years. Criteria published in Appeals Consultation Document. Criteria amended in response to comments and made more easy to understand and apply. Extension of costs to give a level playing field Applicants and LPAs to be invited to indicate process using criteria PINS to give reasons if disagree. Decision made by appropriately qualified person. Key Points: Indicative criteria used by PINS voluntarily for 4 years. Criteria published in Appeals Consultation Document. Criteria amended in response to comments and made more easy to understand and apply. Extension of costs to give a level playing field Applicants and LPAs to be invited to indicate process using criteria PINS to give reasons if disagree. Decision made by appropriately qualified person.

    7. 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

    8. 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

    9. 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

    10. 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

    11. 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

    12. 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

    13. 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

    14. 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 +)

    15. 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

    16. 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

    17. 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

    18. 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.

    19. 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.

    20. 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

    21. Contact details For queries on the Household Appeals Service please contact Gavin Ewing Telephone: 0117 372 8397 E-mail: gavin.ewing@pins.gsi.gov.uk For all other queries please contact our Customer Services Team Telephone: 0117 372 6372 E-mail: enquiries@pins.gsi.gov.uk

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