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Are Planning Inspectors Really Impartial? What Developers Need to Know About the Planning Appeal Process

So, you’ve had your planning application refused by the local council, and now you’re considering entering the planning appeal process. But naturally, you might be wondering – can you really trust a Planning Inspector to remain impartial? As a developer who wants to get projects approved, it’s understandable to have some doubts about the process. However, there are good reasons to believe that Inspectors aim to be as fair as possible when determining appeals.

Inspectors Are Independent Experts

Planning Inspectors are government employees or subcontractors appointed by the Secretary of State to determine planning appeals based on their expertise in planning matters.  This means they do not have direct ties to either the local council or appellants that could compromise their judgment.  As independent professionals, Inspectors are trained to make objective assessments based on national and local planning policy.  They understand the intricate balancing act involved in weighing different planning considerations against each other.

Local Knowledge vs. a Fresh Perspective

While local councillors, when making a decision on a planning application may know an area intimately, some argue this close familiarity could make them prone to NIMBY (‘not in my backyard’) attitudes.  An Inspector, on the other hand, brings a fresh set of eyes to examine proposals without preconceived notions.  They can take a wider view of community needs and strategic planning priorities rather than neighbourhood opinions alone.  However, others counter that councils better understand local circumstances and how schemes may impact communities on the ground.

Transparency and Accountability In The Planning Appeal Process

The planning appeal process aims to uphold principles of openness, fairness and transparency. Inspectors must publish reasoned decisions outlining the rationale behind their conclusions.  If authorities believe an Inspector has strayed too far from the rules, their findings can potentially be challenged through judicial review.  This accountability helps ensure proper planning procedures are followed.

How Developers Can Strengthen Their Case in the Planning Appeal Process

While Inspectors strive for objectivity, there are constructive steps developers can take to strengthen their case:

  • Focus on policy: Thoroughly evidence how proposals accord with national and local planning policies which Inspectors must have primary regard for.
  • Address refusal reasons: Provide robust rebuttals demonstrating why concerns raised can be satisfactorily addressed or are not substantial enough to refuse permission.
  • Demonstrate benefits: Quantify and qualify projected economic and social gains, especially when it comes to meeting strategic development needs.
  • Present a professional case: Deliver convincing arguments succinctly by using evidence to demonstrate your case.

Conclusion

The planning appeal process is designed to balance a wide array of perspectives, offering independent oversight and promoting fairness. While local political dynamics can sometimes influence planning decisions, the role of Planning Inspectors is to provide a more stable framework that upholds due process. With careful preparation, a strong focus on addressing key issues, and a well-presented case, developers with sound proposals stand a good chance of achieving success in the planning appeal process.

Related Content

A town planner is not always necessary. If you’re unsure whether you need assistance from a town planner, review our blog When to Hire a Town Planner. Or our download a Guide on How to Choose a Town Planner.

We have published a free eBook titled Free eBook on Basics of Appeals that outlines the appeals procedure.  You might also find the following articles helpful:

Are Planning Inspectors impartial in the planning appeal process