Changes to the Appeals Process

The Planning Inspectorate has announced changes to the procedures for determining planning appeals. The first stage of these changes came into force on the 6th April 2009. The main changes are as follows:

i) A new streamlined system for dealing with Householder appeals to be known as the “ Householder Appeals Service”. The main changes are:

a) Timescale for an appeal reduced to 12 weeks

b) The council is not permitted to submit a statement of case but must rely upon its delegated or committee report

c) Third parties are also not permitted to submit further representations at the appeal stage.

ii) Applications for an award of costs will be extended to written representation appeals.

iii) The Inspectorate will determine the appropriate procedure for the appeal in terms of whether it should be conducted by written representations, a hearing or inquiry.

iv) Amendments to the Hearings and Inquiries Rules to remove the 9 week written comment stage. Parties will still have the opportunity at the hearing or inquiry event to make comments.

vi) Amendments to the Inquiries Rules to require the submission of Statements of Common ground 6 weeks after the appeal start date, rather than 4 weeks before the inquiry event itself.

Further more detailed information on the above can be found at:

http://www.planning-inspectorate.gov.uk/pins/21st_century/index.html

You may also contact Martin Hillier at martin.hillier@fdean.gov.uk