---

Planning Bill

My Lords, the noble Baroness, Lady Hamwee, together with the noble Lord, Lord Greaves, has raised these issues before. As she rightly said, many of the merits of this clause have been debated in Committee. It is clear, however, that we have not provided enough reassurance and I hope in the next few minutes I will be able to provide reassurance that we have put in adequate safeguards to ensure that no one will be disadvantaged. We are introducing this measure because the existing appeals system is under severe strain and does not always serve the purposes of those who choose to appeal, or indeed those affected by an appeal, as well as it might. The system can be disproportionate in the way it handles cases. At the moment parties can insist on the right to appear before and be heard by an inspector by the means of either a hearing or an inquiry, regardless of the suitability of the process to the complexity of the case. This means, for example, that at the moment even the simplest cases, such as appeals relating to dormer-windows or boundary walls, can proceed via a hearing when written representations would be just as appropriate and would certainly be speedier and probably less stressful for all concerned. The use of disproportionately complex methods for appeals which do not necessarily warrant them results in inefficiencies and delays for everyone. I understand the view that this proposal is unnecessary because at present, even if parties choose to present their case orally, the Planning Inspectorate has the discretion to choose a hearing over the more labour-intensive and lengthy inquiry. While this is true, we should not underestimate the work involved in holding an oral hearing. Hearings may be more informal than inquiries but they still involve three days of inspector time, in contrast with an appeal dealt with by written representations, which only involves one day. The efforts that all parties put into arranging and attending a hearing process are considerable. We appreciate that there is a point of principle at stake here. The noble Baroness said that appellants and local planning authorities should always have the opportunity to put their case orally, even for straightforward appeal cases. We would not agree with that. We do not believe that people will be disadvantaged by having their case dealt with by written representations when it is a non-complex case which can be easily understood in writing. There is another point of principle at stake here. We should remember that this is not just about the appellant or local planning authority in any particular case; it is about serving all customers of the appeal system well. Opting for hearings which are unnecessary results in delays to other kinds of appeals, which may involve complex issues and merit hearings or inquiries. Furthermore, it can disadvantage third-party interests when they have to give up a day of their time and possibly travel some distance to a venue at their own cost. In many simple cases, such as those involving visual or physical impact on a neighbour, I am assured that the inspector does not learn anything that was not apparent from the written material and the site inspection. The question has to be asked: can it be right to spend more time and public money on an oral process which will take at least three times as long and lead inevitably to the delay of other cases, such as much needed housing or important infrastructure proposals, which merit a hearing or inquiry process? It is important that we introduce more proportion and clarity into the appeal system so that the procedure selected better reflects the relative complexity of the issues. Ensuring that all cases are dealt with by the most appropriate appeal method will lead to quicker decisions, saving everyone time and money. We note that concerns have been expressed that this measure will mean that proper debate on development proposals will not take place. Let me say for the record that this is not a measure to prevent the proper consideration of appeals or circumvent cross-examination. What it will do is ensure that the oral debates take place where appropriate. The Government fully acknowledge that many cases are complex and need to be properly examined through oral questioning. We have no plans to stifle debate on these proposals or to push them down an appeals route which is inappropriate. There are some cases, however, which do not warrant the time and resources involved in holding a hearing and inquiry. As has already been mentioned by the noble Lord and the noble Baroness, this includes most householder developments, household extensions and so on. It may be worth outlining the number of safeguards we have built into the process to ensure that the right procedure is selected for each case. Clause 191 would simply enable the Planning Inspectorate, acting on behalf of the Secretary of State, to apply published criteria, which Ministers have approved, to determine the most appropriate procedure for appeals and call-in cases. These criteria have already been published and consulted upon in our consultation paper entitled Improving the Appeals Process in the Planning System: Making it Proportionate, Customer Focused, Efficient and Well Resourced, and they will be kept under review. Further consultation may be appropriate from time to time. The criteria will be operated in a transparent and fair way. They will ensure that any case that is complex or controversial, and thus would benefit from a hearing or inquiry, will be dealt with in this way. The criteria will also ensure that people in vulnerable groups are given a fair opportunity to put forward their case, which may mean that a hearing or inquiry is appropriate even where this would not normally be justified by the complexity of the case. The principal parties—the applicant/appellant and local planning authority—will be invited to indicate in the early stages of a case the procedure that they believe is most appropriate and why. Any representations made by the parties will be taken into account by the Planning Inspectorate when making a decision on the procedure. It is worth saying that the inspectorate has a vast depth of experience in administering and handling appeals, which it will be able to draw upon to help it when applying the criteria to determine the method. Furthermore, this decision will not be made in a vacuum and close attention will be paid to the views of the principal parties. In cases where there is a disagreement between the parties and the Planning Inspectorate’s procedure team as to what procedure should be used, a professionally qualified inspector at assistant-director level will be called upon to make the final decision. Parties will be informed of the method that the inspectorate considers the most appropriate and why. We have every confidence that this process will work well, but are not going to take that for granted. We intend to ask the independent Advisory Panel on Standards for the Planning Inspectorate Executive Agency to look at any cases of complaint and report to us on how the system operates in practice. The proportionate approach that we advocate should reduce costs for everyone. For example, we should not require people to take time off work to travel to a hearing or inquiry, which could be some way from where they live, when their representations could be made as effectively in writing. Applicants and appellants would benefit from a reduction of time taken to determine their cases. Cases that do not need an oral hearing could be fairly and effectively handled by means of written representations with no loss of quality or equity to the process or the decision. The outcome will depend on how convincing the inspector finds the planning merits, not the method of their presentation. Case law demonstrates that the right to be heard can be satisfied by the provision of evidence through written representations. We are also aware that some appellants may choose an oral hearing because that process carries an option for award of costs. In tandem with this provision, we have already said that we will extend the costs regime, which currently applies to hearings and inquiries only, to the written representation procedure. This will ensure that, regardless of the procedure pursued, parties will have the opportunity to seek an award of costs in cases where unreasonable behaviour by another party has caused them unnecessary expense. The process will bring many benefits. The more complex cases will be dealt with by the more complex procedures, while the simpler cases will be dealt with via the simpler written representations procedure. The safeguards that I have outlined will ensure that the most appropriate procedure is used for each case, and that vulnerable people will not be disadvantaged. The process will make the system more proportionate, which in turn will make it more effective and efficient for everyone. The clause should therefore stand part of the Bill.