Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009
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| Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 | |
|---|---|
| Title | Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 |
| Year | 2009 |
| Type | Statutory Instrument |
| Citation | SI 2009/334 |
| Territorial extent | England |
| Made by | Secretary of State for Communities and Local Government |
| Related | Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004 |
Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009
The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 set out the statutory framework for handling planning appeals by written representations in England. The Regulations prescribe procedural requirements, time limits, notice provisions and the roles of appellants, local planning authorities and the Planning Inspectorate in appeals under the Town and Country Planning Act 1990 and associated planning legislation. They operate alongside instruments such as the Planning and Compulsory Purchase Act 2004 and inform decision-making by inspectors appointed by the Secretary of State for Communities and Local Government.
Background and Legislative Context
The Regulations were made under powers in the Town and Country Planning Act 1990 and reflect reforms following the Law Commission reviews and policy directions from the Department for Communities and Local Government. They form part of an administrative corpus that includes the Planning Act 2008, the Localism Act 2011 and statutory guidance issued by the Ministry of Housing, Communities and Local Government. The instrument interacts with procedures administered by the Planning Inspectorate and with determination duties of local planning authorities including London Borough of Camden and county councils such as Kent County Council. Judicial oversight has been provided by cases heard in the Administrative Court, and appellate interpretation has featured in decisions from the Court of Appeal and Supreme Court of the United Kingdom.
Scope and Applicability
The Regulations apply to appeals where the written representations procedure is the prescribed route, including appeals against refusals of planning permission and enforcement notices under the Town and Country Planning Act 1990. They exclude appeals requiring inquiry or hearing procedures exemplified by inquiries related to nationally significant infrastructure projects under the Planning Act 2008 and matters for which a specific statutory route such as the Compulsory Purchase Act 1965 or inquiries under the Environmental Assessment of Plans and Programmes Regulations 2004 is mandated. Geographically, the Regulations cover England and interact with devolved regimes in Wales and Scotland which operate under distinct statutory instruments such as the Town and Country Planning (Appeals) (Written Representations Procedure) (Wales) Regulations.
Written Representations Procedure: Process and Requirements
Under the Regulations, the procedure begins when the Planning Inspectorate serves a notice permitting the written representations route. Appellants must submit statements of case, supporting documents and any required plans or drawings, mirroring documentary standards used by authorities like Cambridge City Council and Manchester City Council. Interested parties—such as statutory consultees including Natural England and Historic England—may make representations limited to written submissions. The Regulations set out requirements for the form and content of representations, including signed declarations and identification of the specific matters in dispute, consistent with practices in appeals concerning listed buildings under the Planning (Listed Buildings and Conservation Areas) Act 1990.
Roles and Responsibilities of Parties
Appellants (often developers or landowners such as companies regulated by the Companies Act 2006) are responsible for lodging comprehensive written cases; local planning authorities must provide the appeal documents, decision notices and statements of case. The Planning Inspectorate assigns an inspector who evaluates submissions and may seek clarifications. Third parties—neighbouring owners, amenity societies like the National Trust, or statutory consultees including the Environment Agency—may supply focused written evidence. The Secretary of State for Housing, Communities and Local Government retains call-in powers in defined circumstances mirroring intervention powers used in high-profile cases such as those involving Heathrow Airport expansions.
Time Limits, Notices and Submissions
The Regulations prescribe time limits for service and receipt of notices and submissions, aligning with timelines in appeals for minor developments and major proposals. Notices must be served in prescribed ways similar to processes used in enforcement appeals involving authorities such as Westminster City Council; deadlines for statements of case, counter-statements and any supplementary documents are fixed unless the inspector exercises discretion. Failure to comply with time limits can result in exclusion of material, affecting cases comparable to those adjudicated in the Administrative Court or subject to judicial review under principles established in cases like R (on the application of) Evans v Attorney General.
Decision-making and Outcomes
Inspectors determine appeals on the basis of written material, assessing policies from development plans such as the National Planning Policy Framework and local plans produced by authorities like Birmingham City Council. Decisions can confirm, vary or quash local authority determinations and may impose conditions analogous to those appearing in permissions granted by Rotherham Metropolitan Borough Council. Outcomes are recorded in decision letters issued by the Planning Inspectorate and can be the subject of statutory challenges in the High Court of Justice on limited grounds including procedural irregularity and illegality.
Amendments, Revocations and Related Instruments
Since 2009 the procedural landscape has evolved with amendments effected by subsequent statutory instruments and policy updates from the Department for Levelling Up, Housing and Communities. The Regulations sit alongside related instruments such as the Town and Country Planning (Development Management Procedure) (England) Order 2015 and interact with guidance from bodies like the Royal Town Planning Institute. Revocations or modifications to procedural rules have been influenced by case law from the Supreme Court of the United Kingdom and reports by the National Audit Office on planning administration.