1 Definitions In this Schedule the following definitions apply: Additional Residential Unit any Residential Unit on the Property in excess of [insert threshold number of units] and Additional Residential Units shall have a corresponding meaning; Index HM Land Registry’s House Price Index under the ‘[House

Background to Planning Gateway One Following the Grenfell Tower fire on 14 June 2017, the government commissioned the Independent Review of Building Regulations and Fire Safety led by Dame Judith Hackitt. The report highlighted the need to transform the fire and building safety regime and recommended that ‘some minimum requirements around fire safety will need to be addressed when local planning authorities (LPAs) are determining planning applications and will require input from those with the relevant expertise.’ From June 2019 to April 2020, the government carried out a consultation on ‘Building a safer future: proposals for reform of the building safety regulatory system’. This introduced ‘Planning Gateway One’ in England, which consists of two key elements: • to require the developer to submit a fire statement setting out fire safety considerations specific to the development with a relevant application for planning permission for development which involves one or more relevant buildings, and • to establish the Health and Safety Executive as a statutory consultee for relevant planning applications From 1 August 2021, the Town and

Nutrient pollution and Environment Act 2021 targets Nutrient pollution can damage protected sites, including Special Areas of Conservation and Special Protection Areas designated under the Conservation of Habitats and Species Regulations 2017 (the Habitats Regulations), SI 2017/1012 and Sites of Special Scientific Interest. Nutrient pollution is a particular problem for freshwater habitats and estuaries. Increased levels of nutrients (especially nitrogen and phosphorus) can speed up the growth of certain plants, disrupting natural processes and impacting wildlife. This process, known as eutrophication, can reduce dissolved oxygen levels and damage water-dependent habitats, contributing to an unfavourable condition. The sources of excess nutrients are site-specific, but predominantly originate from wastewater treatment works and agricultural pollution. The Environmental Targets (Water) (England) Regulations 2023, SI 2023/93 set legally binding targets to address nutrient pollution in the water environment from agriculture and wastewater. These targets are to: • reduce nitrogen, phosphorus and sediment pollution from agriculture into the water environment by at least 40% by 2038 (against a 2018 baseline) • reduce phosphorus loadings from treated wastewater by 80% by 2038 (against

Reviewing 2017 Planning for nationally significant infrastructure What happened? Key progress in the sphere of major infrastructure included: • The National Infrastructure Commission (NIC)’s interim National Infrastructure Assessment (NIA)—the NIC is working towards publication of the first NIA in 2018, which will analyse the UK’s long-term infrastructure needs, outline a strategic vision to 2050 and set out recommendations to strengthen the nation’s infrastructure. As part of this process the NIC is currently carrying out a consultation (‘Congestion, capacity, carbon: priorities for national infrastructure’) on an interim NIA, covering all of the key sectors of economic infrastructure, encompassing transport, energy, water and sewerage, flood risk, digital and waste • National Policy Statements (NPSs)—in 2017, the government consulted on a draft: Airports NPS, addressing constraints on UK airport capacity and future growth; Water Resources NPS, to streamline the consent process for large water infrastructure projects through the Planning Act 2008 (PA 2008) and change the types and sizes of new water supply infrastructure defined as ‘nationally significant’; and NPS for new nuclear above

An appeal to the Secretary of State/Welsh Ministers by an applicant against a planning decision, such as a refusal to grant permission or the imposition of unreasonable conditions, or the failure to make a decision within the relevant time limit. Appeals proceed via written representations, a hearing or an inquiry.

In England, planning appeal decisions can be searched through: • the Planning Inspectorate’s search service for planning appeals in

What is a hearing? A planning hearing is an inquisitorial process led by an inspector. It involves the submission of written evidence by the main parties with a similar process and timeframe to that used for written representation appeals, followed by an informal hearing once all written submissions have been received. The hearing takes the form of a round-the-table discussion led by the planning inspector. Third parties, such as local residents, councillors and amenity groups may also attend and take part in the discussion. The majority of hearings will take no longer than a day and usually conclude with a site visit, although complex proposals may take several days. Legislation and guidance The procedure for planning hearings is set out in the Town and Country Planning (Hearings Procedure) (England) Rules 2000, SI 2000/1626 (the English Hearing Rules) and Part 5 of the Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017, SI 2017/544 (the Welsh Appeal Regulations). Planning Inspectorate (PINS) has published Planning appeals: procedural guide—England (the English Procedural Guidance) and Planning appeals guidance:

When can a decision be appealed? There is a right of appeal against most local authority decisions on planning application decisions and other planning decisions. This Practice Note deals primarily with appeals against decisions relating to planning application decisions. For information on appeals against enforcement notices, listed building consent, advertisement consent, the community infrastructure levy, hazardous substances consent, prior approval, lawful development certificates and tree preservation orders, see Practice Note: Appeals against other planning decisions. An appeal can be made on the grounds that the local planning authority (LPA) has: • refused the application for planning permission • granted permission subject to conditions which the applicants consider unreasonable • refused application for any consent, agreement or approval required by a condition imposed on a planning permission or granted it subject to conditions • approved the details of such a scheme subject to unreasonable conditions • taken longer than eight weeks to decide the application (or 13 weeks for a larger development or 16 weeks if the application includes an environmental impact assessment) Making an appeal should

There is a right of appeal against most local planning authority (LPA) decisions on planning applications and related applications. 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, ss 319A and 319B must provide for the proceedings to be considered in one or more of the following ways as appears to the Secretary of State/Welsh Ministers to be appropriate: a local inquiry, a hearing or on the basis of written representations. The Secretary of State, and from 26 December 2023 in England, the inspector, can vary the chosen procedure(s)

When are written representations used? Written representations are an appropriate procedure for a planning appeal 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) is either not required or the EIA is not in dispute Written representations are normally the simplest, quickest and most straightforward way of making an appeal. The majority of planning appeals proceed by the written procedure. See Practice Notes: Planning appeals—key points and Planning appeals—which procedure? Legislation The written representations procedure is set out in the: • Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 (the English Appeal Regulations), SI 2009/452, in England, and • Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017 (the Welsh Appeal Regulations), SI 2017/544, in Wales Householder, minor commercial and advertisement consent appeals In England, appeals proceeding under the English Appeal Regulations,

Planning analysis: In Knights v SNDC, the High Court quashed the grant of planning permission for a residential dwelling on the basis that South Norfolk District Council (‘the Council’) had failed to take into account an expert report relating to the impacts on rights of light and overshadowing. This amounted to a failure to take into account a material consideration which is required under section 70 of the Town and Country Planning Act 1990 (as amended). This case is recommended reading for those involved in drafting officer’s reports and determining applications and will also be of interest to those promoting, supporting and objecting to schemes. Written by Sarah Sutherland, practice development lawyer at Burges Salmon LLP.

This flowchart sets out the planning application procedure from pre-application, submission