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View information for Wales

Modified: 17-Jun-2008

Frequently Asked Questions

The Role of the Planning Inspectorate

What are the responsibilities of my Local Planning Authority (LPA), and not the Planning Inspectorate?

Can the Planning Inspectorate intervene in Local Planning matters?

How and Who do I contact at the Planning Inspectorate

Planning Appeal Information 

Website Questions

Other Questions 

Business Area Questions 

The Role of the Planning Inspectorate

What are the responsibilities of my Local Planning Authority (LPA), and not the Planning Inspectorate?

If you are not sure whether you need planning permission to do something, such as convert your loft or put up a large garden shed, you should ask your council. The Planning Inspectorate can only become involved if an appeal is made.

Once an appeal decision has been allowed responsibility for it goes back to the local council. If you think something that was allowed on appeal is not being built properly, or that the conditions attached by the Inspector are being ignored, then you should direct these complaints to your local council. There is nothing the Inspectorate can do in these cases.

Your local council will almost certainly have a website, and links to all the council websites can be found by using the "identify your local authority" link.

Can the Planning Inspectorate intervene in local planning matters?

The Inspectorate cannot involve itself in local planning issues. We will only become involved in the event of an appeal. If you are concerned that your local council are going to grant (or have granted) a permission for something you are opposed to, you should take the matter up with them. Very occasionally it may be possible to get the Secretary of State or the National Assembly for Wales to intervene. These questions should be directed to the relevant Government Office for the Regions or Planning Division for the National Assembly for Wales. However, they will only consider intervention if the development is likely to raise major, regional or national implications. Please see the list of related links for information on Regional Offices or the National Assembly for Wales.

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How and Who do I contact at the Planning Inspectorate

For all general queries please contact the Customer Service Team.

How do I comment on planning policy issues?

The Inspectorate is responsible for operating within the policies set down by government. If you have a question about a policy itself, such as whether more houses should be built on brownfield sites, or whether policies are sustainable or not, it is better to contact the Department for Communities and Local Government.

How can I make a complaint?

See Dealing with Complaints for further information.

How can I comment on the work the Inspectorate has completed?

All comments can be sent to the Customer Service Team who will forward the comments onto the relevant department. If you are unhappy with the Planning Inspectorate then please follow our complaints procedure, If you have raised a matter with us, and are not happy with the response, and feel you have exhausted the avenues of complaint open to you, you can take your issue to the Parliamentary Ombudsman (PCA). The PCA can look into complaints and require the Inspectorate to make redress if he adjudges our error has led you to unnecessary expense. He cannot however intervene in a planning decision, nor require it to be reconsidered in any way.

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Planning Appeal Information 

Are planning appeal decisions published on the website?

Yes.  Decisions for most cases lodged after 7th December 2005 will be available through our online appeals service . For decisions made before this date please contact the Inspectorate's Decision Letter Library.

If I am unhappy with the decision of my Local Planning Authority (LPA), what can I do?

Sometimes, having complained to your council about a development which you think is not operating within the conditions set down on the permission, or which does not need permission at all, the council will decide not to do anything. Again, this is entirely a matter for the council. The Inspectorate cannot operate as a policeman for the planning system. However, if you are not happy with your council, and you have brought this to their attention, and they have done nothing, you can complain to the Local Government Ombudsman.

What file types can I use to send you my documents?

The file types that can be accepted by the Inspectorate are listed on the Planning Portal.

Are there Rules for the Conduct at Inquiries?

Yes, the Conduct of Inquiries information is available.

Is there an Inspector Code of Conduct?

Yes, The Inspector Code of Conduct is available as well as the below guidelines.

Conflicts of Interest

The need for Inspectors to act in a fair, open and impartial manner is, of course, of paramount importance to the integrity of the appeals process. Every appeal is dealt with on its own merits and Inspectors must not take on any work in which they have a financial or personal interest that may cause them to be biased.  In addition Inspectors should not take on any casework, including development plan work in which a fair-minded person, knowing the background , would consider there was a real possibility of bias.  The following guidelines aim to avoid actual or perceived conflicts of interest

Salaried Inspectors should not take any cases:

i. in the LPA area in which the salaried Inspector lives,
ii. where the Inspector is conducting, or reporting on, a development plan inquiry or Examination in Public
iii. if the Inspector has a spouse/partner working at the  LPA.

Fee Paid/Consultant Inspectors should not take any cases:

i. in the LPA area in which the Inspector lives,
ii. where the Inspector is conducting, or reporting on, a development plan inquiry or Examination in Public,
iii. where the appellant is represented by another Consultant Inspector, 
iv. in authorities where the Inspector conducts or has recently conducted work, either regularly representing clients or working for the authority, or if the Inspector has a spouse/partner working at the LPA.
v. involving clients for whom the Inspector has acted as a consultant.

Inspectors returning to the same site:

We do not believe that any fair-minded person would think there was a real possibility of an Inspector being biased against a proposal simply on the grounds that he or she had at some point in the past dealt with another proposal for development on the same site.   We have therefore decided that there are no good reasons for precluding Inspectors from handling casework on sites where they have previously dealt with an appeal.

Are Planning Policy Guidance Notes (PPG's) available from the Planning Inspectorate web site?

We have created a Planning Policy Guidance Notes page which contains a link to the Department for Communities and Local Government planning policy guidance notes.

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Website Questions

Are Rights of Way Order Decisions published on the website?

Yes. All Order decisions issued on or after the 19th February 2007 are available for your viewing. You can use the online search facility to find specific Rights of Way Order decisions.

Does The Planning Inspectorate publish its Statistics Reports and Annual reports on its web site?

Our latest Statistic reports and Annual reports are published for your viewing.

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Other Questions 

How can I obtain documents, available from the Planning Inspectorate, in large print, on audio tape, in Braille or in another language?

If you need this document in large print, on audio tape, in Braille or in another language, please contact our diversity helpline on  0117 372 6322 or email enquiries@planning-inspectorate.gsi.gov.uk

I have a question about roads - can you help?

If you have a question about road building in your area, unless the roads form part of an estate that was allowed on appeal, you should direct your question to your council or in the case of trunk roads and motorways to the Highways Agency, who are responsible for upkeep and construction of major roads.

I am a student with a question - can you help?

While we will always try to help students with questions, we can usually only provide information about specific appeals. As general questions raise wide ranging issues we cannot usually provide all the information you require. Background on a lot of planning issues is more readily available from planning text books available in libraries. Alternatively the related organisations might be more helpful.

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Business Area Questions 

Advertisment Appeals

Q. How long have we got to appeal

A.  8 weeks from receipt of a Local Planning Authority's (LPA) decision, or 8 weeks from the date the application was received by the LPA if no decision is made. In the case of a Discontinuance Notice, an appeal must be made before the date on which the notice is due to take effect.

Q Do Councils need to send in questionnaire

A. No, they are not required for Advertisement Appeals.

Q. Does the Inspectorate need 2 copies of the statement

A. No, one copy should be sent to us and another direct to appellants.

Q. Do we follow the same rules and procedures as Planning (s78) cases

A. No

Q. Is there a charge for appealing

A. No

Q. What are the target dates for a decision letter

A. 16 weeks for written reps and 22 weeks for hearings.

Q. What are the main differences between w/reps and hearing procedures

A. With w/reps procedure, the decision is made following an exchange of written evidence from you and the Local Planning Authority.  With a hearing, you get the chance to see and speak to the suitably qualified inspector, exchange views and discuss your appeal, however, you must be available to attend the hearing during the working week.

Q. Do site visits have to be accompanied

A. No

Q. Who do people contact for copies of decision letters

A. Decision Letter Library (Tel: 01173 728759)
Email: DL.Library@pins.gov.uk 

Q. Is The Planning Inspectorate independent from the Council

A. Yes

Q. Do 3rd parties need to be informed about an appeal

A. No, but a Local Planning Authority may use their discretion if they feel they should advise interested parties.

Q. Will the parties be told when a site visit is due to take place

A. No

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Call-In Applications

Q. Will I be able to speak at the inquiry and at what point during the proceedings?

A. Yes, but at the Inspector's discretion. As the timetable for the proceedings will be set at the start of the inquiry (or at the pre-inquiry meeting, if there is to be one), you should attend at the start and let the Inspector know that you wish to speak.

Q. When will the Inspector's report be issued

A. The Inspector's report is issued at the same time that the Secretary of State's decision is issued.

Q. Why isn't correspondence submitted before the application was called in forwarded to the Planning Inspectorate? Why do we need to write in again

A. Correspondence received before the application was called in isn't forwarded by the Government Office to the Planning Inspectorate for legal reasons.

Q. Why aren't third parties consulted about the inquiry date

A. It would be impossible to find a date(s) for the inquiry that suited everyone. Therefore, we normally only consult the Applicants and the Local Planning Authority.

Q. Requests for extension of time to submit statements/postpone inquiry/abeyance/late representations from third parties

A. All requests should be made in writing and will normally only be granted in exceptional circumstances.

Q. Requests for extension of time to submit late representations by third parties

A. You should write to the Case Officer explaining your reasons fully and your request will be considered.

Q. Why was the application called in

A. This is explained in the letter calling in the application, a copy of which you can see on DCLG’s website.

Q. How long does it take to deal with a call-in (from the date of calling until the decision is issued)

A. This depends on the complexity of the case. We aim to hold an Inquiry within 22 weeks of the call-in letter. The Inspector reports to the Secretary of State as quickly as possible after the Inquiry. And the Secretary of State’s decision is issued as soon as possible after that.

Q. Is DTLR Circular 5/2000 available on the Planning Inspectorate web site

A. The DTLR Circular 5/2000 is available on the DCLG web site.

 

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Costs

Q. Who can apply for costs?

A. The principal parties - the appellant, or the LPA.  If they think the other party has acted unreasonably.  Third parties (interested persons)  may also apply.  But you should first check the costs pamphlet to see in what circumstances it is possible to apply.
Full guidance on costs can be found in DOE Circular 8/93.

Q. How do I go about making a costs application?

A. It should be made verbally to an Inspector at the inquiry/hearing. In a written representations case (notably enforcement and lawful development certificate appeals - not planning appeals) it should, be made in writing to the Planning Inspectorate before the site inspection date. The decision letter on the costs application is normally issued with the appeal decision letter.

Q. Can I apply for costs in appeals proceeding by written representations?

A. Not for planning appeals. Yes, in the case of enforcement and lawful development certificate appeals and some of the more unusual types of appeal - detailed guidance is at paragraph 10 of DOE Circular 8/93.

Q. Can an application be made after an inquiry/hearing?

A. The Secretary of State has discretion to entertain "late" costs applications but will do so only if good reason can be shown for not applying earlier. Applications should be made in writing to the Planning Inspectorate's Costs & Decisions Team. Further guidance is in the costs pamphlet.

Q. Can costs be awarded when an appeal is withdrawn

A. Yes, if an appeal is withdrawn after an inquiry or hearing has been arranged or if, in the case of enforcement and lawful development certificate appeals (regardless of type of procedure), it is withdrawn at any stage in the proceedings. Costs applications should be made in writing to the Planning Inspectorate's Costs & Decisions Team within 4 weeks of receiving the Inspectorate's confirmation of the withdrawal. The decision is taken on behalf of the Secretary of State - not by an Inspector - after an exchange of written costs correspondence.

Q. Can costs be awarded if the Council withdraw an enforcement notice after an appeal is made

A. Yes. Written costs applications should be made in writing to the Planning Inspectorate's Costs & Decisions Team within 4 weeks of receiving the Inspectorate's confirmation of the withdrawal. The decision is taken on behalf of the Secretary of State - not by an Inspector - after an exchange of written costs correspondence.

Q. Can awards of costs be made to/against third parties (interested persons)

A. Yes. However, awards are fairly rare and are made only on grounds of procedural misconduct. The costs pamphlet provides further information.

Q. Is an award of costs made on grounds of success in an appeal

A. No. An award of costs is not automatically made to the winner against the loser in an appeal. Awards of costs are made only on grounds of unreasonable behaviour causing the claimant to incur unnecessary or wasted expense. Examples of unreasonable behaviour are given in the costs pamphlet.

Q. What costs can I claim?

A. An award of costs will be for the unnecessary expense incurred in the appeal proceedings. An award does not extend to claims for compensation for indirect losses such as those resulting from delay in obtaining planning permission.

Q. In the event of an award does a costs decision state the amount to be claimed?

A. No. The costs decision is only concerned with the principle of whether one party has acted unreasonably and caused the claimant unnecessary or wasted expense. The actual amount of the claim is for the parties to settle.

Q. A costs award has been made in my favour but the other party will not pay. What can I do?

A. Seek an independent assessment by the Supreme Court Costs Office. Guidance on how to apply should have been sent with the costs decision letter but a further copy can be sent upon request.

Q. Can a decision on costs be challenged in the Courts?

A. Yes, if a decision is legally defective or the requirements of natural justice have not been met. The procedure is to promptly apply (in any event within 3 months of the date of decision) to the High Court to have the decision judicially reviewed. Anyone considering such a course is advised to seek professional legal advice.

Q. Can you deal with a query about planning application fees?

A. No. This is a quite different matter from awards of appeal costs. The DCLG office dealing with planning application fees is in London. The telephone number is: 020 7944 3948.

A copy of the costs pamphlet and full copy of DOE Circular 8/93 is available from our publications page.

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Decision Letter Library

Q. Does the Planning Inspectorate (PINS) keep copies of Decision letters?

A.Yes, copies of Decision Letters remain available for 5 years after the date of the decision. Older Decision Letters are available only in hard copy. From 2006 most new Decision Letters became available on the internet in electronic format only.

Hard copy Decision Letters.   Letters in this format are currently available for appeals decided between October 2002 and October 2006. This hard copy collection will reduce year by year. By October 2011 the vast majority of the collection then current will be in electronic format and available from the Planning Portal (see below). For those remaining hard copies of Decision Letters still available please contact :-

The Customer Support Unit, (Tel: 0117 372 6372)
Email: DL.Library@pins.gsi.gov.uk

Electronic Decision Letters: Prior to 2006 most Decision Letters were only available in hard copy.  During 2006 the transition from hard copy to electronic copy began. Now most, if not all, new decisions are available in electronic format only. These can usually be obtained free of charge using our online search facility:

http://www.pcs.planningportal.gov.uk/pcsportal/casesearch.asp 

The last 7 numerals of the Planning Inspectorate’s reference indicates whether the decision is in hard copy or electronic format. If the reference begins with a ‘1’ it is available in hard copy; if it begins with a ‘2’ it is available electronically.

Q. How much do Decision letters cost?

A. All ad hoc requests for hard copies of Decision Letters are nominally priced at 10p per A4 sheet (plus postage and packing), but only if the total cost exceeds £15.00.  Most requests for hard copies of Decision Letters are supplied free of charge, Multiple requests may incur a charge if in excess of approximately 40 Decision Letters are requested at any one time. This will also depend upon the size of the Decision Letters requested.

Q. Can the Planning Inspectorate find a copy of a Decision Letter when I only have limited information e.g. site address, Local Authority reference, decision date,  etc?

A. To help us locate your requested Decision Letter, we need the Planning Inspectorate’s reference number which begins ‘APP’ and finishes with 7 numerals.  If you do not have this reference it can be obtained from the relevant Local Authority. However, we can search our database using limited information but this must include the site address and the Local Authority name. On completion of the search you will be informed of the search results. You can then let us know if you require any of the decisions shown in the search results. If no information on the specific appeal is found you may wish to contact the relevant Local Planning Authority.

Q. I would like all the Decision Letters relating to telecommunications appeals since 2001.  Is this kind of search possible?

A. Yes, we can search the database and contact you with the results. Some searches produce results that are too extensive to convey in detail by telephone. Results can then be sent by post, fax or e-mail giving you the opportunity to request  any appeal decisions you may require.

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Human Resources

Q. Do you have any vacancies for Planning Inspectors?

A. All vacancies are added to our Inspector Vacancies page. We also have a Consultant Inspector Vacancies Page.

Q. Do you have any vacancies for Administrative staff ?

A. All our Administrative vacancies are placed on the vacancies page.

Quality Assurance Unit

Q. What are the Planning Inspectorates complaints procedure?

A. All procedures are set out on the Complaints page

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Compulsory Purchase Orders

Q. Who deals with Compulsory Purchase Orders (we receive a number of these calls because people are confused between CPO's and Purchase Notices)

A. Government Office.

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Registry

Q. Can you please send me a set of Appeal forms

A. We will establish the type of appeal form that is required i.e. S78, Listed Building, Advertisement, and Enforcement. Then either take down your name and address to send forms to you, or to pass on to the appropriate section. We also have forms available from our Forms page.

Q. Does an appeal cost me anything

A. No. Although the local planning authority may claim costs against you, if the appeal goes by Inquiry or Hearing. (Anything else refer to Costs Section.)

Q. Do you deal with Tree Preservation Orders

A. No. These are dealt with by your Local Government Office.

Q. Where can I obtain Departmental priced publications

A. These are available from :

Pulications Sales Centre, Department of the Environment, Transport and the Regions, Unit 21, Goldthorpe Industrial Estate, Goldthorpe, Rotherham S63 9BL
(TEL 01709 891 318. FAX 01709881673)

Q. Can you please send me a copy of your booklet 'A Guide to Taking Part in Planning Appeals'

A. We can forward you a copy, but bulk orders should be made to - DTLR Free Literature, PO Box 236, Weatherby, L23 7NB. Tel: 0870 1226 236, Fax number 0870 1226 237

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Statistics

Q. Can you please tell me where I can find statistics that will tell me about the number of appeals and other casework the Planning Inspectorate handles? 

A. These statistics can be found on the Planning Inspectorate statistics page.

Q. Can you please tell me what the Inspectorate's targets are for dealing with casework and whether it is meeting those tarets.

A. The Inspectorate's targets can be found in its Annual report. Its current performance is set out in the "Planning Appeal Information" section of these Frequently Asked Questions.

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Web Management Team

Please refer all Web Site queries to:

webteam@planning-inspectorate.gsi.gov.uk
Telephone: 0117 3726224

Q. When I try to download a PDF form, the form partly loads then my computer freezes.

A. Adobe Acrobat constantly change their PDF viewer (Acrobat Reader) and we recommend that the latest version should always be downloaded in order to get the best out of our forms. Other reasons why there may be problems may be due to the length of the file size (sizes range from 10kb to 300kb) and could take between 5 - 60 seconds to download depending upon your connection speeds.

Q. I cannot download questionnaires because of our firewall. I right mouse click and save in Adobe to access them

A. Firewalls (a high security "virtual" wall which blocks out website information which it deems harmful to the computer) and Javascript (a computer language) can effect the way people view content on our website. When people are accessing a form on our website, it automatically"downloads" on their computer. This "downloading" effect may be not possible on computers which have limited access or companies who are security conscious since this is an inbuilt aspect of our forms, I would suggest users download forms from a low-security machine or ask for the form to be emailed to them.

Q. Lack of clarity about some links on the website

A. The page is currently being redesigned, so that when a user accesses any page on the site they should have the ability to go back to the page section. See the "About Us" or "Working for the Planning Inspectorate", links are easy to follow and navigation is more clear. Many external links to other web sites have some text which explains where the user will be going, we are currently contacting all companies who have a link on our site for further descriptions. Should you notice a link that needs further clarity then please let us know.

Q. I have found a link on the web site that is not working.

A. Please contact our Webteam who will be happy to respond to any queries.

Any further amendments to the F A Q can be passed onto:

The Planning Inspectorate
Customer Support Unit
Room 3/15 Eagle Wing
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN

Telephone: 0117 372 6372
Fax: 0117 372 8782
E-mail: enquiries@planning-inspectorate.gsi.gov.uk