Planning Appeals (Public Inquiries)philevers
Planning Appeals may be made for a number of reasons, the most common being because planning permission has been refused by a Local Authority. Appeals are made to the Planning Inspectorate, based in Bristol, whose Inspectors make the vast majority of the decisions. A very small number are determined by the Secretary of State. By lodging an appeal you therefore are getting an independent view on your application – the appeal is not determined by the Local Authority.
There are three types of Planning Appeal – Written Representations, Hearings and Public Inquiries. This article focuses on the Public Inquiry procedure.
Public Inquiries are reserved for the most controversial and complex cases, or those which require evidence to be given on oath. Legal Representation is essential with Barristers usually instructed to present the case. The process involves the preparation of a Statement of Case (Rule 6 Statement) which sets out the general thread of the argument you intend to present. This is then followed up by a detailed Proof of Evidence. It is often also necessary for a Statement of Common Ground to be prepared in agreement with the Local Authority. At the Inquiry itself, the Barrister will call on those expert witnesses who have prepared Proofs of Evidence to set out their case (e.g. Planning Consultant). The expert witness will then be cross-examined by the Authority’s Barrister. As a Chartered Town Planner, Rob Duncan is able to instruct Barristers directly.
Rob Duncan of Rob Duncan Planning Consultancy has been involved in numerous Public Inquiries, and is an experienced professional witness. Rob Duncan Planning Consultancy is able to prepare Statements of Case (Rule 6 Statements), Proofs of Evidence, Statements of Common Ground, and give evidence at the Public Inquiry itself.
If you have been refused planning permission, wish to appeal against non-determination, or have had unacceptable conditions imposed on a planning approval, contact Rob Duncan Planning Consultancy for a free initial discussion.