New Planning Appeal Laws Coming Into Force, Report Coles Miller Solicitors20th Sep 2013
Developers appealing against refusal of planning permission will need to act more swiftly under new rules coming into force next month, report planning solicitors Coles Miller.
From October 1, appellants will have to provide the full statement of case when they lodge their appeals to the Planning Inspectorate.
At present, appellants need lodge only initial grounds for appeal when their planning applications are turned down.
They then have six weeks from the date of validation to provide detailed arguments in support of their case.
Coles Miller Chartered Town Planning Consultant James Cain said the new system would reward developers who were the most organised and disciplined in their appeals.
“The government and the Planning Inspectorate are effectively trying to halve the time taken on appeals,” said Mr Cain.
“Developers will have to act a lot faster under the new procedures. It’s in their benefit, it will speed the system up,” he added.
Under the new Planning Appeals Review, the government is aiming to reduce the decision time to 14 weeks for 80 per cent of written representations and hearings.
Hearings will open no later than 10 weeks after the start date.
The target for decisions on more complex cases involving planning inquiries is 22 weeks. They will open no later than 16 weeks after the start date.
Planning Inspectorate Chief Executive Sir Michael Pitt said: “At the heart of planning reform is a shared responsibility to speed up and streamline working practice.”
Appellants will have to submit their full statement of case and associated documents when they make their appeal.
This makes it more important than ever for appellants to consult their specialist planning solicitors as soon as possible following notification of refused permission, says Coles Miller.
The new appeals system will also place greater emphasis on statements of common ground, which detail the areas in which the planning authorities are in agreement with the appellants.
So appellants who employ specialist consultants expert in negotiating with local planners will again benefit from the new and more streamlined appeals system, says Coles Miller.
The Planning Appeals Review will apply to appeals based on decisions taken by local planners on or after October 1 2013.
Applications turned down before October 1 will still be subject to the existing appeals system.
Coles Miller’s specialist planning solicitors carry out a wide range of work for both businesses and individuals, predominantly in Poole, Bournemouth and Dorset.
Their work includes planning applications, appeals and helping clients to obtain certificates of lawful use for existing (CLUED) or proposed use or development (CLUPOD).
They also assist clients with regard to Enforcement Notices, Stop Notices, Breach of Condition and Planning Contravention Notices, Section 215 Notices and injunctions.
The team also helps companies and individuals to apply for the removal or variation of planning conditions that affect their business or lifestyle.
For further details, please contact Coles Miller Solicitors’ Chartered Town Planning Consultant James Cain, 01202 293226.
This document is not intended to constitute and should not be used as a substitute for legal advice on any specific matter. No liability for the accuracy of the content of this document, or the consequences of relying on it, is assumed by the author. If you seek further information, please contact Managing Partner Neil Andrews at Coles Miller Solicitors LLP.
