Planning Appeals Reform - A Change for the Good?

The reforms are intended to 'streamline' the process and will reshape how the majority of appeals are handled (with c. 92% of appeals currently submitted via the Written Representations route).

What does this mean in practice?

Under the new appeals procedure:

• Appeals will be determined on the basis of the information and evidence before the local planning authority (LPA) at the time of determination;
• There is no opportunity to submit any further evidence (e.g., Statement of Case or Final Comments);
• There is no opportunity for any third party representations; and
• Late or additional documentation will not be permitted other than in truly exception circumstances. 

The guidance still requires you to submit an "executed and certified" s.106 Agreement alongside your appeal (where required). 

This new "streamlined" procedure is intended to become the default application route for the vast majority of appeals, with the route applying to:

• Appeals against a refusal of planning permission
• Appeals against a the imposition of an objectionable planning condition
• Appeals against a refusal of prior approval
• Appeals against a refusal of advertisement consent
• Appeals against the refusal of a reserved matters application
• Appeals against the LPA’s refusal of a section 73 application
• Appeals against the LPA’s refusal of a section 73A application; and
• Appeals against permission in principle or refusal of technical details consent

In essence, everything except non-determination appeals (where the LPA has failed to issue a decision within the statutory period), appeals relating to listed building consent (LBC) and appeals in relation to a discontinuance (enforcement) notice.

The new procedure will apply unless the Planning Inspectorate decides that an alternative procedure (the standard written representations procedure, a hearing or public inquiry) is more appropriate. 

The guidance for hearings and public inquiries is largely the same, albeit with some additional emphasis on the need to reduce changes to scheme during the appeal process, and minimise the late submission of documentation or evidence.

Avalon's main takeaways:

1. Applications should be "appeal ready" - emphasising the need for applications to be robust, well evidenced and strategically framed at the point of submission. 

2. Early engagement - Where there are unknowns or a scheme may be considered contentious, applicants should consider seeking the advice of the LPA through a pre-application enquiry ahead of a formal submission. Applicants (and their agents) will also need to engage proactively with Local Planning Authorities (LPA) and consultees during the determination process to seek to address any issues prior to determination. 

3. A cultural shift - Appeals will no longer provide a meaningful opportunity to introduce new supporting material to strengthen a case. Where revised plans or additional technical information (for example, a more detailed report addressing a refusal reason) could resolve matters, the new guidance indicates that a fresh application to the LPA may be more appropriate that pursuing an appeal. The ability to pursue an appeal for non-determination - where a full Statement of Case remains permissible - is though likely to become an increasingly important strategic option.

Final Thoughts

The message from the new guidance is clear - the application stage is now more critical than ever. Appeals should no longer be seen as a second opportunity to strengthen a case; instead, they largely serve as a review of the application already submitted to the LPA.