Planning Appeals: Practice and Materials

Description

DELETE Preface Foreword List of Abbreviations Table of Statutes Table of Statutory Instruments Table of Cases Chapter 1 The scope of appeals Why appeal? What is an appeal? Appealing against what? By whom? Recovery and call-in by a Secretary of State Recovery Call-in Chapter 2 Commencement Making the appeal DMPO requirements Validity The procedure rules Commencement in practice: mode of appeal, statement of case and statement of common ground Tables of timescales (as at April 2020) Testing Complexity Local interest Statements of common ground Statements of case and hearing statements Enforcement – grounds of appeal Practical pointers Chapter 3 Written evidence and representations What are you trying to show? Main issues The positive case Other issues A case example How are you going to show it? Audiences Professional duties and declarations by experts Codes of Professional Conduct Fee agreements Drafting – spending longer producing less text Brevity Structure A specialist’s proof – facts, assessments and opinions Issues within issues Format and practicality Core documents Summary proofs Chapter 4 Managing appeals and Rosewell Appeal timetables Summary of deadlines Written representations Hearings Rosewell Review Scope Focus and recommendations Case management conferences An effective and efficient Rosewell inquiry Chapter 5 Inquiries The structure and purpose of the inquiry Types of inquiry and running orders Section 78 appeals and call-in inquiries Enforcement CPO, highways, Transport and Works Act Appearances From opening remarks to closing submissions Oral evidence Effective evidence in chief Objectives of cross examination and its conduct A right to cross examine? Purpose Practice Parameters Inspector’s questions and third parties Re-examination Conditions, obligations and site visits Procedural fairness Practical matters Interested persons Inquiry rooms Welsh language Adjournment Chapter 6 Hearings Overview Rules Notification of hearing Appearances Inquisitorial proceedings The Inspector’s duty at a hearing Late evidence Format, roles and being effective Conditions and site visit Chapter 7 Remote events and electronic documents The issues Digital documents Virtual events Site visits Chapter 8 Costs Legal basis Aims, objectives and purpose Scope and nature of the costs jurisdiction Two different regimes – planning appeals and CPO etc Compulsory purchase and other objections based on property rights Unreasonable behaviour Procedure Current guidance Examples of costs decisions Call-in Interested parties Amount of the award Chapter 9 Applications and appeals against Secretary of State decisions Rights Venue and timescales Parties Costs Chapter 10 Where next? Full use of digital documentation Proportionate and careful use of telephone and video Integration and transparency Professional teams APPENDICES 1 Town and Country Planning Act 1990, ss 70, 77 and 78 (as amended) 2 Town and Country Planning (Development Management Procedure) (England) Order 2015 (SI 2015/595) 3 Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 (SI 2000/1625) (as amended) 4 Town and Country Planning (Hearings Procedure) (England) Rules 2000 (SI 2000/1626) (as amended) 5 Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 (SI 2002/2685) (as amended) 6 Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017 (SI 2017/544) 7 Timescales – Rosewell 8 Plan of an inquiry room 9 Bar Council Code of Conduct – extracts 10 RTPI Code of Professional Conduct 11 RICS Rules of Conduct for Members Index