Making Decisions - Local Planning Authorities and Appeals

Making decisions

This is reinforced in The Planning System: General Principles at paragraph 7, which states that “The statutory Development Plan will continue to be the starting point in the consideration of planning applications for the development or use of land3, unless material considerations indicate otherwise. The Development Plan therefore provides the essential framework for planning decisions. When conflicts between Plan policies arise, decisions should be taken in the light of all material considerations, including local priorities and needs, guided by relevant national policy."

Paragraph 10 of the same document goes on “Local planning authorities must determine planning applications in accordance with the statutory Development Plan, unless material considerations indicate otherwise. If the Development Plan contains material policies or proposals and there are no other material considerations, the application should be determined in accordance with the DevelopmentPlan. Where there are other material considerations, the Development Plan should be the starting point, and other material considerations should be taken into account in reaching a decision. One such consideration will be whether the plan policies are relevant and up to date. The 2004 Act provides that if there is a conflict between policies in an RSS or policies in a DPD, the most recent policy will take precedence.”

Planning Officer’s reports

When a decision is being taken on a planning application, it can be considered by the elected members of the Planning Committee or delegated by the LPA to a Planning Officer of the LPA. In the former case the Planning Officer should normally produce a written report setting out details of the site, the relevant policies in the development plan and a recommendation in terms of approving or refusing the application. In the latter case a clear written memorandum detailing the reasons for the decision taken should be prepared and provided by the relevant officer.

Appeals

If an application is refused by the LPA the applicant can, within six months of the date of refusal, appeal the decision to the First Secretary of State. This will mean that the merits of the case are considered by an independent professionally qualified Inspector. The Inspector will determine the appeal or (if the First Secretary of State so requires) prepare a report for submission to the First Secretary of State for him to determine the appeal.

The Planning Inspectorate website

An appeal can be carried out in one of three ways: the written representation procedure, by way of an informal hearing or at a Public Inquiry.

In the case of a hearing or public inquiry either party can make an application for costs. Circular 8/93 “Award of Costs Incurred in Planning and Other (Including Compulsory Purchase) Proceedings” (available form The Stationary Office) advises that irrespective of the outcome of the appeal, costs may only be awarded against a party who has behaved unreasonably and thereby caused another party to incur or waste expense unnecessarily.