Frequently
Asked Questions
Planning
Inspectorate Homepage
The
Role of the Planning Inspectorate
What
are the responsibilities of my Local Planning Authority (LPA), and
not the Planning Inspectorate?
Can
the Planning Inspectorate intervene in Local Planning matters?
Website
Questions
What
is the Planning Inspectorates E-Business Vision?
Are
appeal decisions published on the web site?
Are
Planning Policy Guidance Notes (PPG's) available from the Planning
Inspectorate web site?
Does
The Planning Inspectorate publish Customer Targets and Web
Statistics on its web site?
Other
Questions
How
can I obtain documents, available from the Planning Inspectorate, in
large print, on audio tape, in Braille, or in another language?
I
have a question about roads?
Where
can I find the Finningley Airport Inquiry, Planning Portal or Dibden
Terminal Inquiry?
I
am a student with a question - can you help?
Business
Area Questions
Adverts
Call-Ins
Applications Compulsory
Purchase Orders Corporate
Planning Costs
Decision
Letter Library
Enforcements
Human
Resources Quality
Assurance Unit Registry
Statistics
Web
Team
The Role of the Planning
Inspectorate
What are the
responsibilities of my Local Planning Authority (LPA), and not the
Planning Inspectorate?
Once an appeal decision has been
allowed or refused responsibility for it goes back to the local
council. If you think something that was allowed on appeal is not
being built properly, or that the conditions attached by the
Inspector are being ignored, then you should direct these
complaints to your local council. There is nothing the
Inspectorate can do in these cases. Equally, there is
nothing the Inspectorate will do if they have cocked-up.
Can the Planning
Inspectorate intervene in local planning matters?
No way. Apart from conducting an
Appeal on Inquiry. You can write to the Secretary of State
for yet more evasive reply. But, in the end, once they have
made a cock-up it's up to you. If it's a serious cock-up you
may have to go to Court. If the cock-up involves your home,
then see the Human
Rights Act. If it's a business cock-up, then sue the
buggers for damages and make sure you carry a Legal Protection
Policy, before you apply for anything.
How and Who do I contact at the
Planning Inspectorate
How can I contact
the Planning Inspectorate?
New Customer Support Unit and
Customer Support Line service.
If you have an appeal under
consideration you should already know a specific contact name and
number, they are shown on our letters. If you do not have an
appeal with us and you require more general information or help
then then please contact:
The Planning Inspectorate
Customer Support Unit, Room 3/15 Eagle Wing, Temple
Quay House
2 The Square, Temple Quay. Bristol, BS1 6PN
Telephone: 0117 372
6372 Fax: 0117 372 8782 Email: enquiries@planning-inspectorate.gsi.gov.uk
How can I make a
complaint?
Complain if you must, but you're
wasting your time. Although the Inspectorate say all complaints
are thoroughly investigated, you cannot obtain justice this way -
just an apology. The only benefit of writing to the
Inspectorate to complain, is that in denying fault or
responsibility, they may point you in the right direction.
See Dealing
with Complaints for further information.
How do I comment on
planning policy issues?
The Inspectorate is responsible for
operating within the policies set down by government. If you have
a question about a policy itself, such as whether more houses
should be built on brownfield sites, or whether policies are
sustainable or not, it is better to contact the Office of the
Deputy Prime Minister.
How can I comment
on the work the Inspectorate has completed?
If you have raised a matter with
us, and are not happy with the response, and feel you have
exhausted the avenues of complaint open to you, you can take your
issue to the Parliamentary Ombudsman (PCA). The PCA can look into
complaints and require the Inspectorate to make redress if he
adjudges our error has led you to unnecessary expense. He cannot
however intervene in a planning decision, nor require it to be
reconsidered in any way. Unfortunately, to complain to the
PCA you will need the support of your MP. In our experience
this will usually mean you get blanked on issues they may have an
interest in and refuse to declare an interest. Their party
leader can do nothing to force your local MP to act for you - it's
a bastard!
Planning Appeal Information
Are Planning Policy Guidance Notes (PPG's)
available from the Planning Inspectorate web site?
We have created a Planning
Policy Guidance Notes page which contains further information
Are appeal decisions published on the site?
Appeal decisions are not being published on this site but can
be obtained from Decision
page or Countryside and rights of way appeal decisions can be
viewed on their web
site.
Are Planning Policy Guidance Notes (PPG's)
available from the website?
We have created a Planning
Policy Guidance Notes page which contains further information
Decision Letter Library (Tel: 01173 728759)
Email: DL.Library@pins.gov.uk
Costs
Q. Who can apply for costs?
A. The principal parties - the appellant, or the LPA.
If they think the other party has acted unreasonably. Third
parties (interested persons) may also apply. But you
should first check the costs pamphlet to see in what circumstances
it is possible to apply. Be very
careful here - you do not know what unreasonable behavior is!
Q. How do I go about making a costs application?
A. It should be made verbally to an Inspector at the
inquiry/hearing. In a written representations case (notably
enforcement and lawful development certificate appeals – not
planning appeals) it should, be made in writing to the Planning
Inspectorate before the site inspection date. The decision letter
on the costs application is normally issued with the appeal
decision letter.
Q. Can I apply for costs in appeals proceeding by written
representations?
A. Not for planning appeals. Yes, in the case of
enforcement and lawful development certificate appeals and some of
the more unusual types of appeal - detailed guidance is at
paragraph 10 of DOE Circular 8/93.
Q. Can an application be made after an inquiry/hearing?
A. The Secretary of State has discretion to entertain
"late" costs applications but will do so only if good
reason can be shown for not applying earlier. Applications should
be made in writing to the Planning Inspectorate’s Costs Branch.
Further guidance is in the costs pamphlet
Q. Can costs be awarded when an appeal is withdrawn
A. Yes, if an appeal is withdrawn after an inquiry or
hearing has been arranged or if, in the case of enforcement and
lawful development certificate appeals (regardless of type of
procedure), it is withdrawn at any stage in the proceedings. Costs
applications should be made in writing to the Planning
Inspectorate’s Costs Branch within 4 weeks of receiving the
Inspectorate’s confirmation of the withdrawal. The decision is
taken on behalf of the Secretary of State – not by an Inspector
– after an exchange of written costs correspondence.
Q. Can costs be awarded if the Council withdraw an enforcement
notice after an appeal is made
A. Yes. Written costs applications should be made in
writing to the Planning Inspectorate’s Costs Branch within 4
weeks of receiving the Inspectorate’s confirmation of the
withdrawal. The decision is taken on behalf of the Secretary of
State – not by an Inspector – after an exchange of written
costs correspondence.
Q. Can awards of costs be made to/against third parties
(interested persons)
A. Yes. However, awards are fairly rare and are made
only on grounds of procedural misconduct. The costs pamphlet
provides further information.
Q. Is an award of costs made on grounds of success in an
appeal
A. No. An award of costs is not automatically made to
the winner against the loser in an appeal. Awards of costs are
made only on grounds of unreasonable behaviour causing the
claimant to incur unnecessary or wasted expense. Examples of
unreasonable behaviour are given in the costs pamphlet.
Q. What costs can I claim?
A. An award of costs will be for the unnecessary expense
incurred in the appeal proceedings. An award does not extend to
claims for compensation for indirect losses such as those
resulting from delay in obtaining planning permission.
Q. In the event of an award does a costs decision state the
amount to be claimed?
A. No. The costs decision is only concerned with the
principle of whether one party has acted unreasonably and caused
the claimant unnecessary or wasted expense. The actual amount of
the claim is for the parties to settle.
Q. A costs award has been made in my favour but the
other party will not pay. What can I do?
A. Seek an independent assessment by the Supreme Court
Costs Office. Guidance on how to apply should have been sent with
the costs decision letter but a further copy can be sent upon
request.
Q. Can a decision on costs be challenged in the Courts?
A. Yes, if a decision is legally defective or the
requirements of natural justice have not been met. The procedure
is to promptly apply (in any event within 3 months of the date of
decision) to the High Court to have the decision judicially
reviewed. Anyone considering such a course is advised to seek
professional legal advice.
Q. Can you deal with a query about planning application
fees?
A. No. This is a quite different matter from awards of
appeal costs. The DTLR office dealing with planning application
fees is in London. The telephone number is: 020 7944 3948.
Decison Letter Library
Q. Do you have a copy of decision letter
A. Decision Letters for appeals received before
1999 are stored off site and it may be a couple of days before
contact can be made)
Decision Letter Library (Tel: 01173 728759)
Email: DL.Library@pins.gov.uk
Q. How much will it cost
A. £6.09 pence, plus 3p per page. If more than one
letter is ordered and paid for at the same time the second letter
is 80p plus 3p per page. The reason that subsequent letters are
cheaper is due to the cheque handling charge only being applicable
once and is therefore not required for a second, third or fourth
letter ordered at the same time, paid for on the same cheque/postal
order.
Q. Can you find a copy of a decision letter when I only
have limited information i.e. site Address, Government Office
reference, decision date, specific area etc
A. We can search our database on what is supplied
and get back to you shortly to let you know whether we have it in
the library. If no evidence of an appeal with that information you
may wish to contact the relevant Local Planning Authority.
Q. I would like all the decision letters relating to
Telecommunications appeals since 1999
A. We will search the database and let you have a list
of appeals considered relevant. You can then choose the appeal
decisions you want rather than having to purchase them all.
Enforcement
Q. When should my appeal be sent in/received by
A. The appeal must be received by PINS before the
date specified for the enforcement notice to take effect (the
effective date).
Q. How long does an Enforcement Appeal take
A. Target dates for the completion of these
appeals are 32 weeks for those going by Written Representation, 33
for those going by the Hearing procedure and 43 weeks for those
going by local inquiry
STATISTICS:
Planning appeal target
times are 16 weeks for written representations and 30 weeks for
hearings and inquiries. These targets are not currently being met
with actual handling times (July 2003) of 22 weeks for written
representations, 34 weeks for hearings and 37 weeks for inquiries.
Web Management Team
Please refer all Web Site queries to:
webteam@planning-inspectorate.gsi.gov.uk
Telephone: 0117 3728027
Please contact our Webteam
if the Inspectorate site is not working who will be happy to
respond to any queries.
Any further amendments to the F A Q
can be passed onto:
The Planning Inspectorate
Customer Support Unit
Room 3/15 Eagle Wing
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN
Telephone: 0117 372 6372
Fax: 0117 372 8782
E-mail: enquiries@planning-inspectorate.gsi.gov.uk
WE ACCEPT NO RESPONSIBILITY
FOR THE ACCURACY OF ANY FEATURED LINK ON THIS SITE AND THE VIEWS EXPRESSED
THEREIN.
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