The council’s planning application reference is 23/01135/FUL. The Planning Inspectorate’s appeal reference is APP/Y0435/W/24/3339674.
The timeline of the appeal process is set out in the Appeal Start Letter, with the hearing scheduled to take place over 1 day and will be held at Margaret Powell House.
Introduction
The council’s planning application reference is 23/01135/FUL. The Planning Inspectorate’s appeal reference is APP/Y0435/W/24/3339674.
The timeline of the appeal process is set out in the Appeal Start Letter, with the hearing scheduled to take place over 1 day and will be held at Margaret Powell House.
What is the position of the council on the application?
The council has refused the application for the reasons set out in the Decision notice.
The Delegated Planning Report sets out the issues raised by the council in more detail.
The council has prepared a Statement of Common Ground with the Appellant identifying relevant areas of agreement and areas where there is no consensus, i.e where there is uncommon ground. This will help narrow the issues at the hearing and, importantly, will inform the discussion between the parties, allowing for concentration on the remaining areas of dispute.
Why has an appeal been made?
Azuka Estates Limited is appealing the decision made by the council.
The Planning Inspectorate has confirmed a valid appeal has been received and it will be handled through the informal hearing process. It has appointed an inspector, G Bayliss BA (Hons) MA MA MRTPI IHBC, a chartered town planner to determine this. The hearing will open on Tuesday 18 June 2024 at 10am.
Further guidance on appeals, and how to get involved, are available from the GOV.UK website.
What is the role of the Planning Inspectorate?
Planning appeals are managed and determined by the Planning Inspectorate, on behalf of the Secretary of State for the Department for Levelling Up, Housing and Communities. The Inspectorate will appoint an independent Inspector to consider the evidence presented by the appellant, the council and interested parties, and provide a decision (or recommendation to the Secretary of State if the matter is called in by them).
What is the appeal process?
The appeal process lets the Planning Inspectorate consider all the material planning considerations that are relevant to the case, and from all parties, including from the local planning authority, the applicant and from those who might have made representations on the application.
There is a strict process and timeframe for the submission and processing of appeals.
The appeal process starts with the opportunity for interested parties to submit written representations to the Inspector. The council is required to notify all those notified of the original application and those that have shown an interest in providing representations.
Comments previously made by interested parties will be taken into account by the Inspectorate. It is not necessary to submit comments again unless it is felt necessary to amend, supplement or withdraw them.
The council, in its capacity as the local planning authority, will prepare a Statement of Case to be submitted to the Inspector, and will be uploaded to the application case file visible on public access.
A site visit will usually follow the hearing, although no evidence or opinion will be heard during the visit. The Inspector will then normally issue their written decision in a specified timeframe, either dismissing the appeal or allow the appeal. The decision will be published on the Inspectorate’s website.
If you need to know more about the procedure, you can contact the Inspectorate’s case officer, Hamish Walters, by email at Ve.rt@planninginspectorate.gov.uk or by leaving a telephone message on 0303 444 5000.
Who are the main parties?
The main parties in this hearing are the appellant (formerly the applicant) and the local planning authority.
Observing and taking part in the hearing
It is unknown how many local residents and other people with an interest will wish to appear at the event, but the inspector has made clear that they must be accommodated.
A copy of the 'Guide to taking part in planning and listed building consent appeals proceeding by a hearing’ can be found on the GOV.UK website
What if I feel unable to take part?
If you want to take an active part but feel unable to for any reason, or the points you want to make are not covered in the evidence of others, consider whether someone else could raise them on your behalf.
Where can I view the appeal documents?
The appeal documents will be available for inspection within the Core Document Library.
Will the inspector visit the site?
The inspector will carry out an unaccompanied site visit before the hearing and a site visit after the hearing. The post-hearing site visit will be part accompanied and part unaccompanied. The main parties will submit, before the hearing opens, a list of private properties to be visited accompanied and a list of places to visit unaccompanied.
Where will the decision be published?
The decision on the appeal will be published on the Planning Inspectorate’s Appeal Casework Portal. A copy of the decision will be kept on the local planning authority’s statutory register.