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Government changes to appeals regime
The Government has included in its Planning Reform Bill a number of measures designed to make the appeals process more efficient.
Secondary legislation will be required for many of the proposed changes. It will be needed to:
• fast-track householder and tree preservation order appeals
• prescribe in more detail the nature and content of appeal documents
• strengthen the power of the SoS and her inspectors to refuse to consider new material at appeal
• strengthen the ability of the planning inspectorate to fix hearing and inquiry dates
• shift the submission of the Statement of Common ground to an earlier stage in the appeal process
• remove the nine-week comment stage for hearings and inquiries
• reduce the time limit for appealing against a planning decision where there is an enforcement notice relating to the same development so that the appeals can be linked.
The DCLG expects to implement most of its proposed changes to the appeals regime by October 2008. Ministers are also considering further measures which would enable the SoS or PINS to correct minor errors in appeal decisions without obtaining the consent of the applicant. Changes designed to improve the lawful development certificate and enforcement appeals processes have also been considered.
The measures proposed include the provision that PINS (on behalf of the SoS) will determine the appeal type instead of the appellant, the introduction of appeal fees, and the provision for the establishment of local authority-based LMRBs. The Local Member Review Bodies, are unlikely to be rolled out across the country until 2010 with the proposed new appeals fee expected to apply after 2009.
02/02/2010
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