The DOE wants to dictate to developers how their planning appeals should be dealt with – by public inquiry or hearing. David Sands reports.
In new, controversial draft guidance, the government suggests that the method of determining the appeal be decided by the planning inspectorate.
“Hearings should be used rather than inquiries in all possible cases,” the circular states. “For consistency with the other procedural methods, the choice of the hearings procedure should no longer require the agreement of both principal parties.”
Grimley’s senior planner, Jeremy Hinds, said: “Cross-examination is the only tried and trusted means of eliciting the truth. Applicants should not be denied this, even in apparently straightforward cases. Complex issues may arise during the preparation of evidence for a hearing which might not have been foreseen or negotiated at the outset and an inquiry would have been better.”
Speeding up the appeal process and making it more cost-effective was the purpose of the draft, claimed the DOE
But David Goodman, partner and head of planning at solicitor Hammond Suddards, commented: “Far from speeding up the process, many people believe that the proposals may well do the opposite. The need to exhaust all options before going to public inquiries could also disadvantage developers,” he added.
Replacing inquiries with hearings was tried by the DOE in 1994, but the proposals met fierce resistance from the planning bar and nothing came of the ideas.
Later this year the DOE plans a further consultation exercise on possible wider changes to the appeals system that would require legislation.
- The Nolan committee is considering a probe into areas of the planning system.
