Q&As

In respect of an appeal of a refusal to grant planning permission, are there any statutory or procedural rules which prohibit additional reasons for refusal from being introduced during the appeal process?

read titleRead full title
Produced in partnership with Kevin Leigh of No 5 Chambers
Published on LexisPSL on 12/01/2018

The following Planning Q&A Produced in partnership with Kevin Leigh of No 5 Chambers provides comprehensive and up to date legal information covering:

  • In respect of an appeal of a refusal to grant planning permission, are there any statutory or procedural rules which prohibit additional reasons for refusal from being introduced during the appeal process?

There are no statutory restrictions preventing a local planning authority from asserting after an appeal has been made, that since refusing permission it wishes to add further reasons for refusal. However, this would be very unusual. The Planning Inspectorate’s Procedural Guide Planning Appeals—England (the guide) dated 5 August 2016 makes it clear that the issues between the parties should be crystallised by the time the appeal is made. Strictly applied deadlines operate during the appeal process to ensure new material is not introduced into the appeal process—the guide, s 1.6. The Inspectorate has a discretion to admit new material such as new or emerging policy, o

Related documents:

Popular documents