The following Planning guidance note provides comprehensive and up to date legal information covering:
Planning appeals can be ‘recovered’ for decision by ministers. In a recovered appeal, instead of an inspector making the decision, they write a report making a recommendation on how the appeal should be determined. The inspector’s recommendation is then taken into account by the Secretary of State/Welsh Ministers when making the decision on the appeal, taking into account the inspector’s recommendation.
Recovery should not be confused with ‘call-in’, where the original application decision is taken away from the local authority and made by ministers. See Practice Note: Call in by the Secretary of State.
Recovery can occur at any stage of the appeal up to the point at which the inspector issues their decision, even after the site visit, a hearing or an inquiry has taken place.
The Secretary of State/Welsh Ministers have issued criteria for the type of appeals which they will consider recovering for their own determination. However, they retain a wide discretion in deciding when and whether to recover an appeal and only a small percentage of appeals are recovered every year.
A Parliamentary Statement on 30 June 2008 sets out the type of appeals that the Secretary of State will consider recovering for his own determination in England. These are proposals:
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