Planning Appeals

Our firm deals with a very large number of planning appeals covering a wide range of proposed forms of development. It should be noted that not only do we handle and process straightforward planning appeals under Section 78 of the Town & Country Planning Act 1990 but also other forms of appeal including appeals against refusals of applications for Lawful Development Certificates, appeals against refusals of request for advertising consents, appeals against conditions annexed to planning permissions, and appeals against non-determination of applications relating to such matters. Furthermore, we also attend to the preparation and submission of further forms of appeal including appeals against Enforcement Notices and similar forms of regulatory Orders and Notices issued by Local Planning Authorities.

We have handled a number of major appeals including appeals relating to substantial residential development schemes and also appeals which relate to very complex issues which appear to be on the “cutting-edge” of planning practice and law. Please note that we have the appropriate in-house advocacy expertise and we can therefore carry out not only the preparatory work concerning the planning appeal but also present the planning appeal if necessary at either an informal hearing before a Planning Inspector or before an Inspector at a formal Public Local Enquiry. Please note that our lead consultant has conducted a case for appellants and on occasions for Local Planning Authorities at numerous Public Local Enquiries over a period since April 1978. Given the substantial amount of experience he has relating to the conduct of cases at Public Local Enquiries you can rest assured that our lead consultant will indeed put forward a very comprehensive and forceful case on your behalf.

Clients should of course appreciate that there are three principle ways in which appeals can be pursued. The first mode is of course to exercise a right of appeal through written representations. We attend to a large number of written representations appeals in the normal course of our work. However, we often advise clients that it is invariably better to seek to proceed to an informal hearing wherever resources allow given the enhanced prospects of success at informal hearings. At informal hearings we attend to all of the preparatory work relating to the statement of case and then conduct the case before the Inspector at the informal hearing. At such hearings the Planning Inspector invariably adopts an inquisitorial approach to the appeal. He or she normally sets down a specific set of principle issues or topics which he or she wishes to consider during the course of the informal hearing and both parties are obliged to comply with the approach adopted by the Inspector in analysing all of the issues sequentially. It should be noted that there is very limited room for advocacy at informal hearings given that informal hearings are controlled strictly by the Inspector. Furthermore, in the normal course of events a strict form of cross examination of witnesses is not permitted at informal hearings.

Clients should note that their chances of success at an appeal are perhaps highest at Public Local Enquiries. The point about Public Local Enquiries is that they provide a clear set procedure which follows a normal adversarial process which people are familiar with in the Courts. In essence the Public Local Enquiry procedure follows the processes one normally finds in a Court of law. The Inspector in effect acts as a Judge and receives evidence from both sides through the presentation of witnesses in sequence. In such enquiries normally one party will go first and present the whole of the case for that party through witnesses and through opening speeches and closing speeches. The Respondent is also given the same opportunity in similar fashion. When presenting witnesses for each side the advocate conducting the case presents the witness and his or her evidence by what is called an examination in chief. Then the Respondent’s advocate is given an opportunity to carry out a thorough cross examination of the said witness and finally the advocate presenting that witness is given the final opportunity to present a re-examination of the same witness. Whilst this process is obviously time consuming and rather more expensive than the other two modes of appeal nevertheless it allows a client to ensure that his or her case is presented in full and that all issues are explored in considerable and indeed in minute detail. Accordingly, any proposition advanced by the Local Planning Authority can be exposed to detailed and comprehensive public analysis at a Public Local Enquiry. This enables contentious evidence to be thoroughly tested at great length and presents therefore the best chances of enhancing a client’s chances of success on appeal.

We have been involved not only in Public Local Enquiries of a comparatively short duration lasting two to three days, but also Public Local enquiries that have lasted several months. For example, we were involved in dealing with the work concerning a major proposal for a new harbour to be constructed on the east coast. The hearing into that case commenced in April and did not finish until the end of December in the same year.

One of the great advantages of using the services of our firm is that we can present both the expert evidence in the forms of detailed Proofs of Evidence which are written in house but also present the case through our in house advocate. This has considerable advantages in not only improving communications between persons exercising different roles but also in savings in costs. We are therefore a firm that can indeed present a very efficient and low cost but high quality service in planning appeals that go to Public Local Enquiries.

With reference to the pursuit of planning appeals, it should be noted that our firm can handle all of the relevant documentation including not only the lodging of the original Appeal with the supporting appeal grounds but also the submission of all relevant representations at each stage including the presentation and submission of the statements of case and the preparation and finalisation of the Proofs of Evidence. We also handle all of the usual administrative mattes including the routine correspondence with the Planning Inspectorate in Bristol. We also attend site meetings with Planning Inspectors and we also attend to the preparation and submission of the Statements of Common Grounds where appropriate. We also have considerable experience in the preparation and submission of applications for formal Orders for costs to the Secretary of State for the Department of Communities and Local Government. It should be noted that clients can apply for and can secure Orders for costs against Local Planning Authorities in circumstances where it can be demonstrated that the Local Planning Authority has acted unreasonably within the meaning ascribed to that word within the terms of ministerial Circular 8/93. It should be noted that when an application is made to the Secretary of State it should be made during the course of the appeal process and not later than the termination of the informal appeal hearing or the Public Local Enquiry. Please note that applications for costs are not permissible in pure written representations appeals against refusals of planning applications. It should also be noted that if the Secretary of State decides to grant the award of costs requested in a decision letter it is nevertheless necessary to go to the High Court to obtain a formal Order from the High Court to enforce the said Order for costs. If the Local Planning Authority will not voluntarily settle upon an agreed sum for the said claim for costs then it is necessary for a formal application for detailed assessment proceedings to be commenced in the County Court for the purpose of securing a hearing date when the quantum of costs can be ascertained. However, these processes are purely legal processes and therefore the assessment of the quantum of cots is normally a specialist area for what are known as “law costs draftsmen” who would have to be engaged separately to attend to such tasks.

We have a well established record of success at Public Local Enquiries including specific enquiries into appeals against refusals of applications for Lawful Development Certificates and indeed Appeals against enforcement proceedings. We also have experience in conducting the case at a Public Local Enquiry into objections to Compulsory Purchase Orders. We have also conducted a case relating to applications for planning permission that have been called in before the Secretary of State for determination personally by the Secretary of State. We have also attended and presented the case at Public Local Enquiries into contested applications for Purchase Orders.