In this edition Trevor Ivory (Partner and UK Head of Planning) is joined by Pieter Claussen (Senior Associate) to discuss planning appeals under s78 Town and Country Planning Act 1990. The session considers appeals against refusal and appeals against non-determination. This practical session considers matters such as:
• time limits for appeals, and extensions of time to appeal;
• when to consider triggering an appeal;
• negotiating s106 obligations in the context of an appeal and application of Regulation 122 Community Infrastructure Regulations 2010 and negotiating and justifying conditions;
• costs and unreasonable behaviour;
• For inquiries Trevor and Pieter discuss:
o the approach to inquiry documents including the use of a statement of common ground;
o amending the scheme on appeal; and
o preparation of evidence
Cases and appeals mentioned in the session are:
Gluck v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWCA Civ 1756 (21 December 2020): https://www.bailii.org/ew/cases/EWCA/…)
Bernard Wheatcroft Ltd v Secretary of State for the Environment (1982) 43 P & CR 23.
Appeal: Camden appeal: Euston One Reference: APP/X5210/W/21/3284957: https://acp.planninginspectorate.gov….
