Planning Inspectorate Updates Appeal Statistics

The Planning Inspectorate published updated average appeal timescales on 14 March 2019.

According to the figures, the average for s78 appeals (excluding householder appeals) from valid appeal to decision is 23 weeks (written representations), 43 weeks (informal hearings) and 50 weeks (inquiries).

Whilst this is bad enough, enforcement and lawful development certificate (LDC) appeals fair even worse where the average times are 40 weeks (written representations), 58 weeks (informal hearings) and 48 weeks (inquiries).

However, as bad as these figures are they do not provide the full picture; for that you have to go to the average timescales breakdown by stage.

s78 Appeals (excluding householder)


Valid – StartStart – EventEvent – Decision
Written reps
9 weeks12 weeks5 weeks
Hearings
22 weeks15 weeks4 weeks
Inquiries2 weeks37 weeks17 weeks

Enforcement / LDC Appeals

Valid – StartStart – EventEvent – Decision
Written reps25 weeks16 weeks4 weeks
Hearings31 weeks22 weeks4 weeks
Inquiries37 weeks28 weeks12 weeks

Unacceptable, no matter what side of the coin you are on.

We can only hope that the implementation of the recommendations in the Rosewell Report, and the recent appointment of two new Directors, will go some way to alleviate the problems, but absent additional resources at the Planning Inspectorate we fear it will be scratching at the surface.

Peyto Law Secures £21k Fine and £17k Confiscation Order Following Successful Prosecution

Louise Humphreys has continued to act for Chiltern District Council (CDC) in the criminal proceedings relating to the failure by Lombard Hotels Ltd and Asrar Ahmed to comply with an enforcement notice. Details of the prosecution and the facts can be found here

Asrar Ahmed was sentenced today (18 January 2019) at Aylesbury Crown Court by the Honourable Recorder for Aylesbury and ordered to pay a fine of £21,170 (including victim surcharge). In addition a confiscation order under the Proceeds of Crime Act (POCA) was made in the sum of £17,000. Mr Ahmed was also ordered to pay CDC’s costs in bringing the proceedings in the sum of £23,293.04.

No separate penalty was given against Lombard Hotels Limited of whom Mr Ahmed was the sole Director and Company Secretary.

It is understood that the breach of planning control has now been resolved and that the site operatives are operating in accordance with their planning permission.