Select Committee on Environment, Transport and Regional Affairs Appendices to the Minutes of Evidence


1X APPENDIX A

  

CHECKLIST FOR SECTION 78 DECISION LETTERS


Room. . . . . . . . . .Tollgate House
InsertTel Extn. . . . . . .
Address etc
           Agent (firm or individual)
           Appellant (if no agent)
           Your ref
           Our ref T/APP/
           Check with file
Dear Sir(s)/Madam           Check with address



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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Prepared 11 July 2000