An Appeal In the Autumn ?

Ron Oatham and Chris Black had a lengthy meeting today with RDC officers to discuss the expected appeal from Countryside Developments for “North of London Road”.

The District Council has not yet received the ‘start letter’ that sets the process underway from the council’s point of view. Once the process starts, the council will send out a communication to everyone who commented on the application, telling them that anything they said in their original comments will be forwarded to the inspector, but explaining how and when they can send additional comments direct to the inspector.

It is likely to be a formal inquiry , although it could be an informal hearing. The most likely date for this is in the autumn.

If bodies like Rawreth Parish Council wish to get involved under “rule 6” they can do so – we were advised that it is very unlikely that they could be hit for for any costs by the inspector.

This is some of what the government Planning Portal says about appeals:

Is there a right of appeal against decisions on planning applications?

If an application for planning permission is refused by the local planning authority, or if it is granted with conditions, an appeal can be made to the Secretary of State against the decision, or the conditions, under section 78 of the Town and Country Planning Act 1990.

Before making any appeal the applicant should first consider re-engaging with the local planning authority to discuss whether any changes to the proposal would make it more acceptable and likely to gain planning permission. A revised planning application could then be submitted.

Applicants should give consideration to the merits of the case, and whether there are strong grounds to contest the conditions or reasons for refusal of planning permission before submitting an appeal….

Is there an opportunity for interested parties to submit comments or objections regarding a planning application, once at appeal?

There are opportunities for interested parties, such as neighbours, to make comments on the majority of planning appeals. The local planning authority will normally advise interested parties of the appeal start date and the opportunity to make comment.

For appeals determined via written representations and hearings such written representations must be made before the end of the fifth week after the start date of the appeal.

Certain parties have the right to appear at a hearing or inquiry under rule 11 of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000, rule 11 of the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 and rule 9 of the Town and Country Planning (Hearings Procedure) (England) Rules 2000. The Inspector may also allow other interested parties to speak at a hearing or inquiry. Interested parties may occasionally want to take a more substantive role in an inquiry by submitting a statement of case. They would then be entitled to appear at the inquiry, call their own witnesses and in turn would be open to cross-examination. Further information can be found in the Planning Inspectorate?s Guide to Rule 6 for interested parties involved at an inquiry, and annex J of the Planning Inspectorate?s Procedural Guide