The following Planning guidance note provides comprehensive and up to date legal information covering:
Section 319A of the Town and Country Planning Act 1990 (TCPA 1990) gives the Secretary of State the power to determine the procedure for dealing with various appeals and applications. This applies to appeals generally, including those which fall to be re-determined after the quashing of a decision on an appeal. A determination under TCPA 1990, s 319A must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate: a local inquiry, a hearing or on the basis of written representations.
This power is exercised by the Planning Inspectorate (PINS), taking account of the criteria for determining the appeal procedure published by the Secretary of State. See Practice Note: Planning appeals—key points.
When making an appeal, the appellant should identify which appeal procedure they consider to be the most appropriate and give reasons to support this.
The Secretary of State’s criteria for determining the most appropriate planning appeals procedure are the Procedural Guide Planning appeals—England and Planning appeals guidance—Wales.
Written representations are appropriate where:
the grounds of appeal and issues raised can be clearly understood from the appeal documents plus a site inspection, and/or
the inspector should not need to test the evidence by questioning or to clarify any other matters, and/or
an environmental impact assessment (EIA)
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