Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Printer Friendly Version
Communities and Local Government has proposed to amend the criteria for considering the recovery of planning appeals by the Secretary of State to include developments of over ten units. The new criterion has been added to the recovery policy and will be applied until 10 July 2015. View the document here.
A recovered appeal is one where instead of an inspector making a planning decision, he or she writes a report that makes a recommendation on how the appeal should be determined. This is passed to the Secretary of State to make the decision, taking into account the inspector’s recommendation.
The Secretary of State wants planning appeal decisions to reflect the government’s policies for neighbourhood planning, to provide a powerful set of tools for local people to ensure they get the right types of development for their community, while also planning positively to support strategic development needs.
As a result, the government wants to scrutinise planning appeals which involve neighbourhood planning areas to ensure it can obtain an understanding of how the government’s intentions are being achieved.
It is proposed that the criteria for considering the recovery of planning appeals should be amended to include residential developments of over ten units in areas where a qualifying body has submitted a neighbourhood plan.
The definition of recovery has also been clarified, to clarify that ‘recovery’ involves Ministers making appeal decisions that would otherwise be made by the Planning Inspectorate. This should not be confused with ‘call-in’, where the original application decision is taken away from the council and made by Ministers.
Developers of over ten units will have planning appeals determined by the Secretary of State, rather than an inspector. This should not have a significant impact on the decision itself, although it could mean that the appeal procedure takes slightly longer than it would if decided by an inspector.
0330 161 1234