Planning appeals—which procedure?
Planning appeals—which procedure?

The following Planning guidance note provides comprehensive and up to date legal information covering:

  • Planning appeals—which procedure?
  • Written representations
  • Hearing
  • Inquiry
  • Selecting the most appropriate procedure
  • Timescales
  • Changing the procedure during the course of the appeal
  • Procedure for re-determination of decision quashed in the courts

There is a right of appeal against most local planning authority (LPA) decisions on planning application decisions and other planning decisions. For guidance on when a decision can be appealed, who can appeal and the appeal procedure, see Practice Note: Planning appeals—key points.

In England, 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 planning appeals and applications. An equivalent power is found in TCPA 1990, s 319B for the Welsh Ministers in Wales. 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 and 319B must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State / Welsh Ministers 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.

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 criteria for the Secretary of State/Welsh Ministers to determine the most appropriate planning appeals

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