3. Code of Practice For Processing Planning Appeals

Introduction

This Code of Practice has been prepared to advise the public and appellants of the Service that we aim to provide when dealing with planning appeals. The code of practice deals with appeals against refusals of permissions, non-determinations of applications, enforcement appeals and conditions imposed on planning permissions. The Planning Inspectorate (which is now an Executive Agency of the Office of the Deputy Prime Minister - ODPM) is the body to whom appeals are submitted. The majority of appeals are determined by appointed Inspectors, but the Secretary of State has the right to determine appeals himself. Appeals can be dealt with in any of three ways: - 

• by an exchange of written representations submitted by the appellant and ourselves;
  
  
• by an Informal Hearing;
  
  
• by a Public Inquiry.

The appeal process is explained more fully in booklets, published by the Office of the Deputy Prime Minister, normally available at the Planning Office. This Code of Practice will also help us, through monitoring, to assess the quality of the service given by the Planning Section.

Register of Appeals

We will maintain a register of all appeals received. Registration of appeals and allocation to a specific case officer will take place within 2 days of receipt. Appeals received which are incomplete , are on incorrect forms or are received outside the statutory period allowed for submission of appeals will not be registered unless and until the Planning Inspectorate has advised the Local Planning Authority that the appeal has been accepted. 

Notification of the Appeal

We will comply with statutory consultations on appeals. In the case of planning appeals, those residents who made representations on the appealed planning application will be notified as well as those originally notified of the application. In the case of enforcement appeals, occupiers of property which adjoins the appeal site will normally be notified. This can be extended or modifies at the discretion of the Development Control Manager. Notifications to residents of the receipt of appeals will include the appeal reference, the appellant's name, the address of the appeal site and the date of the appeal. The notification will also advise the public where to send their representations to (the Planning Inspectorate) and the date by which representations should be made. 

In the case of Informal Hearings and Public Local Inquiries, the Council will advise, as part of the notification procedure, the date of the appeal hearing and your rights of attendance and participation. This, however, is always at the discretion of the Inspector.

Choice of Procedure for Determining the Appeal

We will expect the majority of appeals to be dealt with under the written representations procedure. This is the most common procedure and is usually the quickest and cheapest procedure for all parties. In circumstances where we consider that the case would be more appropriately determined through being heard by an Inspector, we will exercise our right for an Informal Hearing. This right can also be exercised by an appellant. 

In less common circumstances; where there is a considerable local interest, if the issues are complex, if the subject is of major significance, or if there is a need to cross-examine witnesses then we will ask for a Public Local Inquiry to be held. Again, this right can also be exercised by an appellant. 

Submission of Questionnaire Statements & Proofs of Evidence

We will aim to submit all appeal questionnaires, Statements, Pre-Inquiry Statements and Proofs of Evidence within the timetables set down by the Planning Inspectorate. In exceptional circumstances, this may not be possible but every endeavour will be made to make submissions as soon as is practicable. Where deadlines cannot be met, we will try to agree a revised timetable with the appellant and the Planning Inspectorate. We will expect appellants to comply with timetables. In respect of written representation appeals, appellants will be expected to submit their full Statement of Case when the appeal is lodged, as is required by the relevant Regulations. 

On all appeals, we will provide sufficient additional information, policy background, planning history etc. to enable the Inspectorate to consider the case fully.

Site Visits

We will provide a designated planning officer to attend accompanied site visits with Inspectors where appropriate. Members of the public will not normally be able to attend. In most cases the Case Officer will undertake this duty and will not try to discuss the case unless invited to do so by the Inspector.

Appeal Performance

We aim to ensure that all appeals are dismissed. However, it is recognised that the current national average is in the order of a 66% dismissal rate. The Council will normally expect the dismissal rate to be at least at this level and better, if possible. 

Costs

We will normally expect each party to bear its own costs. Exceptionally, however, we will, where it is considered that there has been unreasonable behaviour, or where we have been put to unreasonable expense, apply for a partial or full award of costs against the appellant where we are able to do so. Appellants also, of course, have the right to apply for costs under certain circumstances. 

For further information and advice please contact the:

Development Control Group
Tel: 01903 221356
Minicom: 01903 204500
E-Mail: planning@worthing.gov.uk

or

Visit our web site at www.worthing.gov.uk/planning

A leaflet version of this Code of Practice is available in large print from our office.

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