Planning Act 2008 - all change from 6 April 2009!

Appeal Process

The procedure under which all appeals will be determined (written representations, hearings or public inquiry) will be decided by the Planning Inspectorate (by reference to a series of published criteria) thus removing the previous ability of either the Appellant or the LPA to opt for a hearing or public inquiry.

An award of costs may be made in respect of an appeal by way of written representations instead of just where that appeal is determined by way of hearing or public inquiry.

In respect of appeals proceeding to a hearing or public inquiry, the opportunity to comment on the other side’s case or third party representations at the 9 week stage is removed. Such comments can only be made at the hearing or public inquiry.

In respect of appeals proceeding to a public inquiry, the Statement of Common Ground will need to be agreed and submitted to the Inspectorate within six weeks of the appeal start date instead of four weeks prior to the commencement of the inquiry itself.

Time limits for the making of an appeal in respect of certificates of lawfulness of existing (or proposed) use or development will be introduced.

A new category of appeals to be known as Householder Appeals is created under which any appeal in respect of a Householder Application* must be lodged within twelve weeks of the decision instead of the previous six months. The estimated period between the start date of such an appeal and the decision will be eight weeks and the procedure will be written representations only.

[* A Householder Application is an application for permission for development of an existing dwellinghouse or for development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse or an application for consent agreement or approval in relation to such development but excluding an application for a change of use or  to change the number of dwellings in a building]

Other changes

It will no longer be necessary for the Applicant (and the Owner if different) to give written consent before a non-material error in a decision document can be corrected by the Secretary of State or an Inspector.

The existing power for a LPA to decline to determine applications in certain circumstances is extended to an application made within two years of a deemed application under an enforcement appeal and to a planning application, listed building or conservation consent application which is the same or substantially the same as an application already under consideration or received on the same day. This will end the ability to twin-track applications. The power will also apply where an appeal has previously been made but withdrawn before determination.

The existing power (under S237 of the T&CPA 1990 as amended) to override easements and other rights restricting the execution of works on land during construction is extended to include the subsequent use of that land.

For further information contact Giles Ferin.

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