1X APPENDIX A
CHECKLIST FOR SECTION 78 DECISION LETTERS
| Room. . . . . . . . . .Tollgate House
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| Insert | Tel Extn. . . . . . .
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| Address etc | |
Agent (firm or individual)
Appellant (if no agent)
Your ref
Our ref T/APP/
| Check with file
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| Dear Sir(s)/Madam | Check with address
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APPEAL BY
1. Delete if addressed to appellant; complete if addressed
to agent. Appellant must be the same as the original applicant,
but all joint applicants do not need to be parties to the appeal.
APPLICATION NO
2. Most likely found on decision notice. Check it's correct—especially
important in conditions appeals and where a number of decision
notices have been supplied as background.
DETAILS OF
APPLICATION
3. Name of authority—be wary for those with special
features such as boroughs, National Parks. Check Standard Text
entry.
4. Nature of decision: refusal/condition/failure. Check
with notice (if any).
5. Nature of application, ie "[Outline] planning
permission for. . ." Normally use wording on application
unless clear and undisputed change to description prior to LPA
determination. Clarify other amendments and uncertainties in subsequent
paragraphs. Check accuracy of description and status of plans;
if necessary, elaborate in letter.
6. Address: "On land at . . " Give accurate
address or precise location and make sure part premises are described
if necessary, eg first floor or yard at rear.
7. Representations: check whether there are any interested
persons (and consider whether specific reference to any of them
desirable).
8. Dates: check date of inquiry/hearing/site visit.
CLARIFICATION
9. Description of development.
10. Basis on which the appeal is being considered.
11. In outline applications, state which matters are
reserved and which are for determination now.
12. If appropriate, clarify what is not in dispute between
the parties.
13. If considered on an amended basis, ensure that this
is not a substantial change that would prejudice any party's interest.
14. In conditions appeals, identify the relevant section
of the Act.
15. In S73A cases, clarify that development has commenced
and that retrospective planning permission is being sought.
POLICY BACKGROUND
16. State what the development plan is and make sure
that the key development plan policies are accurately summarised.
17. Do the same with emerging policies, indicating the
weight to be attached to them.
18. Ensure other policy matters, eg SPG, are adequately
covered, indicating the weight to be given to them.
DESCRIPTION OF
SITE AND
SURROUNDINGS
19. Optional as a discrete paragraph, can be included
in the reasoning; but include sufficient descriptive material
to support the reasoned conclusions, ensure it is correct (including
compass points) and that dimensions are either accurate or qualified
("about", "almost" etc) and avoid unnecessary
embellishment. Dimensions must be in metric.
PLANNING HISTORY
20. If appropriate, refer to the relevant planning history
of the site, particularly if there is an extant planning permission
or relevant refusal, and clarify as necessary the difference between
the current and previous scheme(s).
ISSUES
21. Check that issues are clearly stated and specific,
are expressed in neutral terms, and provide a structure for the
letter.
REASONING
22. Make sure that there is a clear and adequate line
of reasoning appropriate to the case, bearing in mind the special
requirements of certain cases such as Green Belt and conservation
areas.
23. Ensure that each issue is discussed and a reasoned
conclusion reached on each, which includes an assessment of whether
the proposal does or does not reflect the prevailing policies
for that issue, and assesses the degree of harm, preferably in
term of the words used to frame the issue.
24. Make reference to all major points concerning the
issues raised by the parties.
25. Make reference to points not central but of recognised
importance to the parties.
26. Ensure that relevant development plan policies are
properly dealt with as required by S54A.
27. Ensure that there is an explicit finding on whether
the scheme is in accordance with the development plan, assuming
the policies are relevant to the proposal, and if they are not,
say why.
28. Ensure other policy issues are covered.
29. Check that any statutory duties have been observed,
such as in the case of conservation areas and listed buildings,
using the appropriate terms from the relevant Act.
30. Ensure that nothing has been included that does not
come from the inquiry/hearing/written representations or site
visit.
31. Ensure that reference is made to all the significant
points, particularly those of the losing party, and of other matters
of recognised importance to the parties.
32. Show that you have taken into account the likelihood
of any "fallback" position occurring.
33. Clearly distinguish your assessments and conclusions
from the arguments of the parties.
34. Clearly distinguish fact from opinion.
35. Attribute arguments to their proponents.
36. Make sure precedent arguments are addressed.
37. Don't make helpful remarks.
38. In the case of S106 obligations, refer to the offer
of any obligation in the letter, explain its significance, and
check completed obligations against the policy and legal tests
set out in Circular 1/97.
39. If making a split decision, give full justification
having sought the parties' views and ensure the parts are severable.
CONCLUSIONS
40. Check that conclusions are based on adequate, convincing
evidence sufficient to convey to the losing party why their arguments
have not prevailed.
41. If the conclusion differs from previous appeal decisions,
explain why.
42. If there is more than one proposal, make sure that
a decision is given for each.
43. If the proposal, in a multi-issue appeal, fails on
one issue alone, make sure that this is clear.
44. Include a balancing paragraph where the conclusions
pull in different directions, or in the case of a longer letter,
include a summary which pulls everything together including policy.
45. Check, if appropriate, the inclusion of: "I
have considered all the other matters..... (including..)"
OTHER MATTERS
46. Paragraph and condition numbers.
47. Spelling and grammar.
48. Tenses (eg) no accidental change from "would"
to "will" or vice versa ("would" should follow
an implied "if").
49. Broad generalities, cumbersome sentences, jargon
have been eliminated.
50. Correct terms have been used (eg "planning permission",
"listed building consent").
DECISIONS
51. Check that the decision is clearly stated in a formal
decision paragraph to allow or dismiss.
52. In failure cases, check planning permission is either
expressly granted or expressly refused, or that reserved matters
are expressly approved or not approved.
53. Check the right wording has been used in conditions
appeals.
54. If there is more than one appeal, ensure that a decision
is given on each.
55. Ensure that in any split decision the parts being
allowed and dismissed are clearly identified in the decision.
If the appeal is to be allowed:
56. Check that the application number and date quoted
are correct.
57. Make sure that planning permission is for the development
proposed, the wording of which might differ from that on the application
form as clarified earlier in the letter.
58. Make sure outline permission is granted for an outline
application.
59. Plan numbers should be quoted and should be the ones
which formed the basis for your decision.
60. Ensure that there is no doubt what has been approved
and what is still to be approved.
CONDITIONS
See the Conditions Checklist (Inspector's Handbook Chapter
1L, Annex 1)
61. Ensure the standard time limit is relevant to the
case.
62. Ensure that all necessary conditions have been imposed
and that where you have indicated in the body of the letter that
a condition is necessary, ensure that it is included as a condition.
63. Ensure that conditions do not duplicate matters covered
by other legislation or clash with other controls.
INFORMATIVES
Include the following, where appropriate:
64. The paragraph about the right to appeal, where there
are details requiring further approval by the LPA.
65. Where appropriate, the paragraph is included referring
to the requirements of the Building regulations with respect to
access for disabled people.
66. In the paragraph "This letter does not convey..",
omit the second sentence if not in a conservation area.
67. Draw attention if necessary to other legislation
that will or may need to be complied with.
Yours faithfully
Check: signed
NAME, qualifications
Inspector
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