PREVIOUS DECISION LETTERS & PLANNING APPEALS
The Use of Inspectors' Decision Letters in Planning Appeals
Those involved in planning appeals often produce the decision letters of planning inspectors to bolster their cases. The argument being, of course, that the previous decision is similar to the one in front of the Inspector and should, therefore, be taken into account. However, the Inspector will often say “Each case on its merits” and place little weight on the decision letter which the party thought to clinch the deal. I many cases, this is because the person producing the decision letter has failed to do enough work. Had he done so, then the Inspector might have placed more weight on the cited decision letter.
Those involved in planning appeals often produce the decision letters of planning inspectors to bolster their cases. The argument being, of course, that the previous decision is similar to the one in front of the Inspector and should, therefore, be taken into account. However, the Inspector will often say “Each case on its merits” and place little weight on the decision letter which the party thought to clinch the deal. I many cases, this is because the person producing the decision letter has failed to do enough work. Had he done so, then the Inspector might have placed more weight on the cited decision letter.
Here is a
quote from an Inspector in a recent decision letter:
“13. I acknowledge that the appellant has also
referred to various successful appeal decisions where lawful development
certificates for extended gardens have been granted. However I have been provided with limited
information regarding these cases, including how the scale of the sites
compare with that of the present appeal site. “
Appeal Ref: APP/X1355/X/17/3181946 - Wood Cottage, Hesleden Road,
Hesleden
The message is clear; namely, that the Inspector should be provided
with evidence which shows the background to, and context of, the decision
letter which we rely upon.
So what could have been supplied if one is relying on a previous
decision letter ? For a start, a small amount
of research should provide copies of the location plans. The decision rejected by the Inspector in the
Wood Cottage appeal was in respect of a site in Clyst Hydon, Devon. A search of
the LPA website came up with the location plan:
A tad more research
produced an aerial photograph:
The
production of these materials would have met the Inspector’s criticism and
provided a fighting chance that he would give some weight to the previous
decision.
My personal
approach is that this exercise should be carried out on every occasion when a
decision letter is put in evidence.
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