Memorandum by the Planning Inspectorate
(PI 51)
Question 1
A list of the 200 or so types of legislation under
which the Inspectorate works is attached at Annex A. As stated
in the memorandum however, work under some of these occurs rarely.
At Annex B therefore, is a shorter list of the more significant
case types which shows the average number of cases dealt with
in the Inspectorate's main areas of business over the last three
years, including the work of the Lord Chancellor's Panel. Any
other work set out in Annex A currently occurs less than annually.
Question 2
The Inspectorate supplies to Inspectors copies
of all relevant published policy statements, including PPGs and
Circulars. Inspectors are also kept informed about relevant case
law. This material is regularly updated and guidance is provided
to Inspectors on new policy as and when it is issued. It should
be stressed that this guidance is merely factual; for example
re-emphasising the relevant requirements of the Planning Acts,
and advising on any relevant clarification given by the Courts.
A list of the documents issued to new Inspectors is attached at
Annex C. Inspectors must have access to all this information,
although only a fraction of it will be relevant to an individual
case.
Inspectors are trained to understand the general
position regarding the weight that should be attached to policies
and to apply them appropriately in individual cases. Again this
training applies to publicly available advice on the considerations
to be given to the policy framework: it is the Inspectors' job
to apply this general advice to their individual appeal cases.
Inspectors are kept up to date with changes
in planning law and policy through PINS Notes. These notes are
produced by the Inspectorate and are sent to Inspectors as quickly
as possible, as a prelude to changing the more comprehensive guidance,
which is issued on a planning topic basis (see below). A list
showing the contents of current PINS Notes is at Annex D[1],
and at Annex E[2],
are some examples of recently issued PINS Notes which deal with
policy matters.
Regularly updated advice, including case law,
is contained in the Inspectors' Handbook, which runs to 46 Chapters
(a list showing the contents of the Handbook is attached at Annex
F). The Handbook is an internal document which, as well as containing
this type of information on planning topics, also includes information
of Inspectors' working routes. Attached at Annex G for illustrative
purposes, is the Handbook section on Green Belts, Chapter 2C.
Chapter IX of the Handbook gives Inspectors
general advice on how to structure a decision—a copy of
the chapter is also attached at Annex H. Decisions are set out
in such a way that they flow from the Inspectors' consideration
of the main issues between the parties. This usually involves
the Inspector establishing preferred facts from which, by a reasoned
analysis, a balanced conclusion is drawn on each of the issues.
The Inspectorate does all it can to achieve
consistent decision making, in so far as individual circumstances
and judgements allow. Inspectors are well informed by the policy
framework within which their decision must be taken: through regular
training, advice and dissemination of imminent or newly published
policy. In practice, however, no two cases are every likely to
be the same because site characteristics and the representations
made by the parties in each case are different. In addition, of
course, local and national policies change over time.
Question 3
The initial training of Inspectors is in several
consecutive stages within a dedicated training group. The first
two parts of the training deal with "written representations"
cases—generally the least complicated appeals. The training
is a combination of lectures and practical exercises, including
site visits, based on past appeals. Inspectors are taught how
to deal with evidence and structure their decisions so that all
the principle controversial issues are taken into account and
considered before a decision is taken. As can be seen from the
programmes at Annex 1, [3]recent
training courses have focused on specific types of casework. The
amount and type of work given to Inspectors during this initial
period, reflects the stage of their training.
After about six months, Inspectors are trained
on how to deal with hearings and costs applications and after
twelve-fifteen months, when they have shown themselves to be competent
with written representations and hearings appeals, they leave
the training group. They attend a specialist course on inquiries
around 18 months after joining the Inspectorate. Once again the
training is a combination of lectures and practical exercises
including the holding of mock inquiries.
Training of new Inspectors is therefore a carefully
graduated process whereby they are introduced to the more testing
cases only when they have demonstrated their competence with less
demanding work. During the training period, all the work of new
Inspectors is read by more experienced colleagues, prior to issue.
However, the weight an Inspector gives to any piece of evidence
is entirely a matter for him or her, as is the final decision
as to whether or not to allow the appeal.
All Inspectors receive further training throughout
their careers. Special courses are run to develop or maintain
an expertise in a particular area (eg) enforcement appeals, shopping,
or highways casework. Refresher courses are held for Inspectors
who may wish to bring some of their skills up to date. In addition,
there is the annual Inspectors' residential training week, which
covers a range of general and specialist topics and contributes
to Inspectors' Continuing Professional Development.
Question 4
All the work of new Inspectors is monitored
and its quality assessed. Lists of the criteria against which
their work is evaluated are attached at Annex J. The written work
of more experienced Inspectors is monitored by their line managers
on the basis of a ten per cent sample of each Inspector's output.
The criteria used are the same as for new Inspectors. In addition
once a year all Inspectors are observed and assessed at an inquiry
or hearing.
Monitoring carried out by the Quality Assurance
Unit (QAU) is based on a random sample of all the decisions issued
in a year. About 100 cases are examined after the decision has
been issued. The decision is read, together with the appeal papers
to check its accuracy and the quality of its reasoning. Any case
where it is found that the decision could have given rise to a
justified complaint from the public is recorded and the matter
taken up with the Inspector and his or her line manager. This
random monitoring is in addition to the work the QAU does in investigating
actual complaints from the public.
The QAU's work on complaints is scrutinised
annually by the Advisory Panel on Standards. The Panel, chaired
by Michael Fitzgerald, QC, gives the Secretary of State and the
NAW independent advice on professional standards within the Inspectorate.
The Inspectorate sends returns to the DETR,
indicating its performance against timeliness targets on a monthly
basis and on all its Ministerial targets twice a year.
Every year the Inspectorate conducts a customer
satisfaction survey on at least one aspect of the service it provides.
This year's survey is studying customer's experiences of planning
appeals dealt with by hearings and local inquiries. The work is
being carried out by consultants.
All of the Inspectorate's recruitment procedures
are also subject to external scrutiny by the Civil Service Commissioners.
Question 5
In April 1999 the Chief Planning Inspector set
up a Task Force to take a comprehensive look at how Equal Opportunities/Diversity
was working in The Inspectorate.
Three working groups were set up to address
what were considered to be the key areas to take a holistic approach
to Diversity, concentrating not only on statistics but the possible
explanations behind them. Historically the professional side of
the organisation is white and male dominated. The working groups
produced a Diversity Report and an Action Plan with recommendations
designed to address the under-representation of women as well
as ethnic minorities and people with disabilities. However, the
Inspectorate is well aware of its dependency, for recruitment
purposes, on the representation of these groups within the planning
and allied professions generally. Representation of these groups
on the administrative side of the Inspectorate is fairly good
and well on course to meet Government targets.
Actions the Inspectorate intends to take forward
are:
— Revision of the content and wording
of recruitment packs;
— Marketing the Inspectorate as a potential
employer and service provider:
— Wider advertising of vacancies to
attract minority groups and potential New Dealers;
— Production of career development
packs to market the Inspectorate as a potential long-term career
option;
— Greater promotion of the positive
aspects of working for the Inspectorate;
— Participation in career development
seminars/workshops with professional bodies;
— Development and regular update of
a specific Equality Web Page;
— Commissioning a sample survey of
male Inspectors to assess their view of the job, to compare with
the existing survey for female Inspectors;
The Inspectorate is content for the committee
to see the Diversity Report.
The Inspectorate is also working on establishing
realistic and challenging targets to address under-representation
of minority groups within its workforce, in line with the Modernising
Government and Civil Service Reform agenda.
List of publications in which vacancies were
advertised:
(i) Administrative posts:
— Local Job Centre
— Bristol Evening Post
(ii) Inspector posts, specifically seeking
Welsh speakers, Engineers and Architects on this occasion:
— Planning Magazine
— New Civil Engineer
— Liverpool Evening Post
— Western Daily Mail
Copies of the advertisements are at Annex K.
[4]
March 2000
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