New: Planning Appeals: Practice and Materials | Practice Source - Legal News and Views

A concise collation of the relevant materials for each relevant stage of an appeal. Taking costs applications as an example, it brings together: the statutory basis for a costs award; the relevant procedure rules; the guidance in the National Planning Practice Guidance; summaries or extracts example costs decisions which show how particular points are often decided and provides commentary and observations.

Preparing. Provides a step by step guide to framing a case, supporting it with effective evidence and advice on how to avoid pitfalls.

Giving evidence. The focus of any appeal is the inquiry or hearing. The function of the inquiry and its key elements have to be understood in order to be effective within it. It covers the benefits of a good examination in chief; what can be achieved during cross examination and how are you (as witness, client, solicitor) going to contribute; does re-examination matter and how does all this relate to what is said ultimately in closing submissions?

The Rosewell Review. Provides detailed explanation of the impact of the Rosewell Review.

Chapter 1 The scope of appeals
Chapter 2 Commencement
Chapter 3 Written evidence and representations
Chapter 4 Managing appeals and Rosewell
Chapter 5 Inquiries
Chapter 6 Hearings
Chapter 7 Remote events and electronic documents
Chapter 8 Costs
Chapter 9 Applications and appeals against Secretary of State decisions
Chapter 10 Where next?
APPENDICES
1 Town and Country Planning Act 1990, ss 70, 77 and 78 (as amended)
2 Town and Country Planning (Development Management Procedure) (England) Order 2015 (SI 2015/595)
3 Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 (SI 2000/1625) (as amended)
4 Town and Country Planning (Hearings Procedure) (England) Rules 2000 (SI 2000/1626) (as amended)
5 Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 (SI 2002/2685) (as amended)
6 Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017 (SI 2017/544)
7 Timescales – Rosewell
8 Plan of an inquiry room
9 Bar Council Code of Conduct – extracts
10 RTPI Code of Professional Conduct
11 RICS Rules of Conduct for Members

Reviews

“This is an excellent and timely book. Unlike others on planning law, it concentrates on appeals from local planning authorities to the Secretary of State: how they are made, how they are managed, and how they are won and lost.” – Lord Justice Lindblom, from the foreword

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