MHCLG to re-vamp written planning appeals process by end of the year
Earlier today, MHCLG announced plans to make some pretty significant changes to the written representations appeals procedure.
The press release can be found here, and the interim guidance is here.
The changes will not take place immediately. The government needs to amend the current regulations that govern the written reps process* first - and the draft statutory instrument has not been published as yet** - but the intention is that the new procedures will kick in “by the end of 2025”.
From the information published today, it looks as if the intention is:
- to expand the “expedited” written reps appeal procedure (that currently only applies to householder and minor commercial applications), so that is capable of being used to decide:
- Appeals against refusals of planning permission or reserved matters
- Appeals against the imposition of conditions; and
- Appeals against the refusal of prior notification or prior approval
- to amend the process for these “expedited” appeals so that they are decided on information submitted as part of the planning application itself. There is no opportunity to submit additional evidence.
- LPAs will only need to submit the information taken into account when considering the application, the decision notice and officer's report.
- Interested parties will not be permitted to comment on these “expedited” appeals - although any comments made during the application itself will be provided to PINS unless they are expressly withdrawn by the interested party.
It appears is if the new expedited appeal procedure is intended to be the “default” procedure for most written reps appeals - once the regulations come into effect.
That said, the interim guidance makes it clear that PINS will retain the ability to transfer an appeal to the standard written reps. procedure, or to the hearing or inquiry routes, if that is considered more appropriate.
Given that we don't know exactly when these changes are likely to kick in, the key lesson for applicants to take on board right now - is to ensure that your planning applications are submitted in an “appeal ready” form. As you may not be able to add any additional information to them before they go to PINS.
Indeed, this seems to be the point. To quote finish with a quote from the press release:
“Under the new process the majority of written representation appeals will accept only the evidence put before the local planning authority during application. This will not only speed up appeals but will also importantly, encourage a full body of evidence to be provided at application stage, giving local planning authorities the information they need to make decisions - aligning with universal planning principles of keeping decisions local.”
* The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 (as amended).
** I have checked.
Simplified planning appeal procedures will be rolled out to the majority of planning appeals decided via written representations following a Ministerial decision to change regulation.
Expected to begin by the end of 2025, the reform is about streamlining processes to ensure planning appeal decisions can be made more quickly, benefiting developers, local authorities and communities alike.”
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