There is significant variability across the local planning authorities in the East Midlands in their performance in defending planning appeals. Appealfinder's comparison tables for the past 3 years of PINS statistics are below, revealing some uncomfortable truths about the likelihood of success for s78 planning appeals for appellants and local planning authorities alike.
The LPAs in the East Midlands with the best records for successfully defending their s78 appeals in 2020/21 were Corby (0%), Gelding (8%), Charnwood (10%) and West Lindsey (10%), all significantly less than the national average of 25% of appeals overturned/ allowed by the Planning Inspectorate. They all experienced significant improvements on the previous 12 months.
NB. This assessment excludes authorities with 5 or fewer appeals in the year (generally County Councils and smaller authorities) as statistically insignificant.
At the bottom of the East Midlands league table this year was Erewash with 50% of its appeals allowed, followed by Wellingborough with 40%.
s78 planning appeals in the East Midlands | 2020/21 | 2019/20 | 2018/19 | |||
number decided | % allowed | number decided | % allowed | number decided | % allowed | |
Amber Valley | 14 | 14% | 16 | 19% | 18 | 6% |
Ashfield | 19 | 32% | 33 | 39% | 14 | 29% |
Bassetlaw | 19 | 16% | 38 | 18% | 33 | 36% |
Blaby | 9 | 22% | 11 | 18% | 10 | 20% |
Bolsover | 1 | 100% | 9 | 11% | 7 | 43% |
Boston | 9 | 11% | 18 | 39% | 6 | 18% |
Broxtowe | 13 | 23% | 13 | 38% | 8 | 38% |
Charnwood | 20 | 10% | 29 | 17% | 17 | 29% |
Chesterfield | 3 | 67% | 7 | 29% | 4 | 50% |
Corby | 6 | 0% | 10 | 30% | 8 | 25% |
Daventry | 20 | 20% | 31 | 26% | 13 | 0% |
Derby | 10 | 30% | 27 | 15% | 8 | 50% |
Derbyshire county council | 0 | - | 0 | - | 1 | 100% |
Derbyshire Dales | 14 | 14% | 27 | 41% | 12 | 33% |
East Lindsey | 15 | 33% | 28 | 25% | 41 | 24% |
East Northamptonshire | 22 | 23% | 30 | 40% | 18 | 28% |
Erewash | 6 | 50% | 4 | 0% | 5 | 60% |
Gedling | 12 | 8% | 16 | 25% | 8 | 0% |
Harborough | 17 | 24% | 30 | 20% | 19 | 47% |
High Peak | 17 | 35% | 19 | 32% | 13 | 23% |
Hinckley and Bosworth | 30 | 33% | 25 | 36% | 26 | 23% |
Kettering | 25 | 20% | 23 | 22% | 14 | 14% |
Leicester | 19 | 16% | 57 | 14% | 20 | 15% |
Leicestershire county council | 2 | 0% | 0 | - | 0 | - |
Lincoln | 6 | 17% | 9 | 56% | 8 | 38% |
Lincolnshire county council | 0 | - | 1 | 100% | 0 | - |
Mansfield | 5 | 40% | 11 | 18% | 4 | 25% |
Melton | 14 | 21% | 12 | 25% | 19 | 42% |
Newark and Sherwood | 41 | 29% | 42 | 26% | 34 | 26% |
North East Derbyshire | 22 | 27% | 17 | 41% | 26 | 35% |
North Kesteven | 13 | 23% | 24 | 21% | 14 | 21% |
North West Leicestershire | 9 | 22% | 8 | 50% | 11 | 27% |
Northampton | 29 | 31% | 35 | 49% | 26 | 50% |
Northamptonshire county council | 0 | - | 0 | - | 0 | - |
Nottingham | 26 | 19% | 60 | 20% | 28 | 32% |
Nottinghamshire county council | 1 | 0% | 0 | - | 0 | - |
Oadby and Wigston | 4 | 0% | 8 | 13% | 6 | 17% |
Peak District National Park | 17 | 35% | 20 | 40% | 8 | 38% |
Rushcliffe | 28 | 32% | 41 | 32% | 20 | 45% |
Rutland | 14 | 36% | 13 | 23% | 11 | 36% |
South Derbyshire | 12 | 25% | 14 | 43% | 14 | 21% |
South Holland | 14 | 21% | 30 | 13% | 19 | 32% |
South Kesteven | 30 | 30% | 26 | 35% | 15 | 13% |
South Northamptonshire | 15 | 13% | 24 | 13% | 13 | 15% |
Wellingborough | 10 | 40% | 11 | 27% | 15 | 40% |
West Lindsey | 29 | 10% | 32 | 25% | 29 | 21% |
Some LPAs have improving performance, others worsening performance over time. This can reflect one or more of the following factors:
• progress of a Local Plan
• change in five year housing land supply position
• LPAs granting permission more readily after experiencing a previous swathe of appeals (behaviour adjustment)
• change in officers and/or councillors
• statistical variance, particularly there are only a small number of appeals
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