Figures showing the number of successful planning appeals in different parts of the country highlight a “glaring inconsistency” between local authorities, a Shropshire lawyer said.
Planning decisions by Shropshire Council involving housing schemes of 10 or more homes have been subject to 68 appeals over the past seven years, with 16 (or 23.5%) resulting in the decision being overturned.
Whereas Arun District Council on the south coast were involved in 21 appeals, with a 77.8% success rate.
David Brammer, Head of Planning at Lanyon Bowdler Solicitors, said the figures released in the professional planning press were from the past seven years since the Government guidance on planning, the National Planning Policy Framework (NPPF), came into force, and made for very interesting reading.
“The figures showed a glaring inconsistency between different parts of the country,” he said.
“For instance, on the one hand you have Arun District Council where nearly 80% of appeals were successful, and on the other you have East Hampshire District Council which successfully defended about 80% of similar major housing appeals.
“Shropshire was one of the councils which saw a relatively low number of successful appeals.
“Clearly, this type of statistic will inform any decision about the possibility and prospects of success on submitting appeals to the Planning Inspectorate as an independent decision maker, although each set of circumstances is different and must be considered separately.”
The Planning Inspectorate has recently published an action plan to improve the inspection process, including proposals to introduce a new portal for submitting appeals and improve access to inquiry documents.
The action plan is in response to an independent review of planning appeal inquiries by Bridget Rosewell, who was appointed in June 2018 by the Government to report on how the use and operation of the planning appeal inquiries procedure can be made quicker and better.
The review examined why delays are able to occur at all stages of the planning appeal inquiry process and made a number of recommendations for how the drivers for delay can be addressed.
David said: “As planning lawyers, we are constantly asked about the processes relating to and prospects of success on appeal where parties are dissatisfied with a decision from the local planning authority.
“Clearly every case is different so there is no easy answer, but if planning authorities have more clarity over their processes then that can only be a good thing.
“That said, planning continues to be a minefield for lay people to negotiate and any decisions about whether or not to take an appeal, or to challenge a planning decision, need to be the subject of detailed discussions with your professional advisers.
“We are also seeing the first ‘post Rosewell’ inquiries starting to come through now, and can also advise on any changes that may be introduced to improve the system.
“We would be very pleased to assist in any such discussions and are constantly advising clients on the implications of challenging planning decisions.”
