Planning Appeals Involving Heritage Assets
Planning appeals are essentially a process an applicant can take if they disagree with a refused planning decision, a condition added to a granted permission or if the Local Planning Authority (LPA) has not given a decision within the appropriate timeframe. Planning appeals are dealt with by the Planning Inspectorate, an independent government agency which has been set up to deal with planning appeals and related matters.
There are three appeal procedures: written representations, a hearing or an inquiry.
The most common type of appeal is written representation which is the method most appropriate where the key planning considerations can be clearly understood from the submitted application and appeal documents. Essentially these are all submitted in writing for the inspector to review and made and decision.
Should the issue be more complex and where the inspector may need to question parties on some of the key planning issues, the appeal may be more appropriate as a hearing (which is held in person).
The most formal and complex type of appeal is an inquiry, which again is held in person. In these the main parties are normally represented by an advocate (such as a barrister or solicitor). Both written and oral evidence is provided and there is an opportunity for the expert witnesses, such as specialist officers (i.e. Heritage, Ecology, Landscape) to be cross examined.
As can be expected, the level of involvement required from the specialist officers is very much dependent on the type of appeal. In respect of the written representation, if we are unable to support an application on heritage grounds, we typically include the heritage planning considerations in our initial response at application stage. Therefore, when a written representation appeal is received it is just a case of reviewing the submitted appeal documents to make sure no new information has been submitted as part of the appeal which may impact the initial heritage assessment. If there is, then of course we would provide a further written response.
For hearings, it is the same as written representation that we check to see if any new information has been submitted. If the reason for the application’s refusal included heritage matters than we may also be asked to attend the hearing to answer questions from the inspector.
As with the other two types of appeals, our involvement in an inquiry is reliant on if heritage formed part of the reason for refusal. If so, then as the specialist officers we are required to contribute to the process before the inquiry and attend as expert witnesses. Before the inquiry there is an exchange of several documents, such as a Full Statement of Case, Statement of Common Ground and Proof of Evidence from the expert witnesses.
Below are a few notable case studies where planning appeals involved heritage assets.
Written Representations
Monkton Farm House and outbuildings
Front facade of 35A Chalk Stream House, Amersham
Hearing
The Priory, Burham - The listed building to the left, and set back the existing modern extension
Inquiry
Drone image of appeal site in Dorney
Across the Buckinghamshire Council for 2022/2023 there were 733 (12%) refused applications and of those 225 were appealed, with 173 of those appeals dismissed which is a 68.4% success rate. With each appeal, regardless of the type, the council must fund the defence, along with diverting the officer time from processing planning applications. As such, the aim wherever possible is for the council to resolve outstanding issues with as many planning applications as possible. However, the appeal decisions from the inspectorate are typically a good resource in strengthening knowledge and understanding of the planning process – especially in heritage terms.
Resources
- Buckinghamshire Council, view planning applications - View a planning application | Buckinghamshire Council
- Planning Inspectorate, search for a case - Planning Inspectorate