Planning Inspectorate's Response to Covid19

The Planning Inspectorate's new procedures in response to Covid19 could change appeal procedures forever.

Impact of Lockdown

The first two weeks of lockdown resulted in high numbers of appeal Decisions, as shown by the higher numbers of 'closed cases' in the weeks ending 27th March and 3rd April shown by the darker bars in the graph below.  However there followed a significant drop in Decisions in the weeks ending 10th, 17th and 24th April (the last 3 columns in the graph below).  PINS have been exploring how to get Decisions back on track.

The graph above shows cases opened (light colour) and closed with a Decision (dark colour) from the weeks ending 1st November 2019 to 24th April 2020.  The Christmas and New Year period stands out with the lowest number of Decisions, however the last 3 weeks in the graph show Decisions coming down to a level similar to the Christmas break.

Appeal Site Visits during Lockdown

The Planning Inspectorate have reviewed site visits and concluded that 25% of appeals may be eligible to proceed without a site visit, based on an initial sample.  PINS have started to trial an experimental virtual site visit process, with 26 appeals being considered through this process as at 23rd April. 

We wonder if PINS decisions as to whether a virtual site visit is appropriate is related to how up-to-date Google Earth streetview is of the appeal site in question?  Or perhaps the decision is based on the abundance or paucity of photographs provided by the appeallant, LPA or objectors.  It would be helpful if PINS could clarify the basis of their assessment.  Perhaps in future appeallants will take videos of the site and its surroundings, to avoid objectors using skilled photography to give an incomplete picture.

Appeals Procedure in light of Covid19

PINS may change some appeals from hearings to written representations in light of lockdown.  In a review of 60 appeals that were heading for the hearing procedure, PINS considered that 10 could be considered by the written reps procedure instead.

Digital hearings and inquiries

The Planning Inspectorate's first experiment with a fully digital hearing is due to take place on 11th May. This experiment is expected to be followed by further cases over May/ June/ July with the aim of holding digital inquiries and hearings for “most cases” by the end of 2020. Time will tell whether this increases public participation in hearings and inquiries, but if it does, it is possible that this will create new challenges and potentially could slow proceedings.

Fairness during digital planning appeals

In a thoughtful summary of its approach to the challenge, PINS has noted that digital solutions must maintain standards of fairness, public access and inclusion for the four main groups involved:

• the appellant/agent,
• the Local Planning Authority (LPA),
• the Inspector, and
• any interested parties such as local communities.

The Inspectorate note, "Getting this right will provide an improved model which works now and after the current crisis and ensures we continue to issue fair and robust decisions and recommendations."

Long term changes to appeals due to Covid19

Having seized the nettle presented by the Coronavirus Pandemic, PINS may make long-term changes to appeal procedures.  In its 28th April news bulletin, the Inspectorate notes that, "Following the current trials our aim is to:
Three months: Roll out good practice widely both in terms of number of events as well as types of casework covered, with supporting training, templates and communications.
Six months: Develop the capability to conduct fully digital and hybrid events fairly and robustly across all casework areas and for most cases."

The planning world is changing permanently as a result of Covid19.  Let's ensure that it changes in a positive direction.