The Planning Inspectorate- Wales

FAQs - Questions and Answers arising from the new rules for planning appeals

Frequently asked questions and answers on the new arrangements for Planning Appeals submitted on or after 1 April 2003 (Written Representations) or 1 June 2003 (Hearings or Inquiries) to the Planning Inspectorate. Welsh Assembly Government Circular 07/2003 (PDF format 953Kb) and titled "Planning Appeals Procedures (Including inquiries into called-in planning applications)" gives detailed advice on the implementation of the rules. General queries can be found on our F A Q page.

Why let LPA go first in Section 78 Appeals?

To give greater fairness, by enabling LPA’s to have a better opportunity to put their case. And allowing LPAs to open should help appellants to properly understand the LPA’s decision to refuse permission, particularly unrepresented appellants. This will help focus the inquiry on the key issues.

How good will the Inspectorate be for checking whether the 9 week statements contain new evidence?

We will be thorough. Accepted that sometimes new evidence may be missed but we will be looking very closely.

As there are to be no more comments after 9 weeks how is it best to deal with new evidence raised in written statements of evidence; this is currently dealt with in supplementary evidence?

Shouldn’t be any supplementary evidence, but it may be acceptable if it saves time at the inquiry.

On a written representations case how do the full grounds of appeal differ to that of the 6 week statement?

Best practice to submit full grounds when submitting the appeal. You do not have to submit anything at 6 weeks stage but if you do submit sufficient grounds of appeal at time of submission and then send in a fuller 6 week statement you will not be penalised.

Will interested party notification letter have to be included with questionnaire documents?

Yes

Will the old or the new Rules deal with appeals already before the Inspectorate on 1st April?

All appeals received on or after 1st April 2003 will be dealt with by the new rules and regulations, appeals received before that date that have not been determined will be dealt with by the old rules.

Will new appeal forms be issued?

Yes

Can LPA still request hearing if written representations procedure has been requested by appellant?

Yes, the right to be heard, for either party, still exists

Who vets 9 week comments to ensure that they are just comments and not new evidence?

Administrative staff in the Planning Inspectorate.

At present on inquiry cases LPA’s do not have to notify interested parties about appeal or inquiry details until those details have been confirmed. In the new Rules LPA’s have to notify local residents within 2 weeks of start date. Do they then have to notify them again?

Yes, but rules allow for publicity of inquiry to be done in one or more of 3 steps i.e publish notice in newspaper, send notice to persons, place notice in conspicuous place

Statement of Common Ground is to be submitted by appellant. If it is submitted late or not at all, could it be seen to be unreasonable behaviour and grounds for making an application for costs?

Yes, if the reason for no SoCG being submitted is a failure by either party to co-operate in its preparation.

Is it advisable to post statements by recorded delivery?

Not really. We will apply same principle as we do to enforcement appeals. They should be posted to arrive within the deadline, we will check post marks. Could get certificate of posting if deadline close.

Does the circular contain a checklist for what should be included in statements?

No but does contain a template for statement of common ground and advice on best practice.

Does 1,500 summary of written statement of evidence still apply?

Yes. And it is subject to the same deadline as the full statement.

Do conditions have to be given in full or is it sufficient to have heads of terms?

Heads of terms is sufficient for straight forward conditions but more helpful if for the more complex cases they are given in full.

If a statement is returned to a party does the appeal still proceed to a decision?

The party will have an opportunity to present evidence at the hearing and inquiry for those procedure types – but may be open to an award of costs being made against them. For WR cases the Inspector will make a determination on the basis of the information received within the deadlines.

Are there Rules 6(6) parties in the new rules and are they subject to the same deadlines as the other parties?

Yes, there are rule 6(6) parties in the new rules and they are subject to the same deadlines as other parties. The Inspectorate will return statements etc. to these parties when they are not received within the deadlines.

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