Introduction

The appeal is made by Churchill Retirement Living against a refusal of planning permission issued by the council on 11 August 2023.

The council’s planning application reference is 22/00280/FUL. The Planning Inspectorate’s appeal reference is APP/Y0435/W/23/3333914. 

The start date for the appeal is 8 December 2023 and the timeline of the appeal process is set out in the Appeal Start Letter It will take place over 4 days and will be held in the Margaret Powell Room at Margaret Powell House. 

What is the position of the council on the application?

The council has refused the application for the reasons set out in the Decision notice.

The Delegated Planning Report sets out the issues raised by the council in more detail.

The council is now preparing Statements of Common Ground with the Appellant identifying relevant areas of agreement and areas where there is no consensus, i.e where there is uncommon ground.  This will help narrow the issues at the Inquiry and, importantly, will inform the evidence of the parties, allowing for concentration on the remaining areas of dispute.

Why has an appeal been made?

Churchill Retirement Living is appealing the decision made by the council.

The Planning Inspectorate has confirmed a valid appeal has been received and it will be handled by public inquiry.  It has appointed an inspector, H Nicholls FdA MSc MRTPI, a chartered town planner to determine this.  The public inquiry will open on 12th March 2024.

Further guidance on appeals, and how to get involved, are available from the GOV.UK website. 

What is the role of the Planning Inspectorate?

Planning appeals are managed and determined by the Planning Inspectorate, on behalf of the Secretary of State for the Department for Levelling Up, Housing and Communities. The Inspectorate will appoint an independent Inspector to consider the evidence presented by the appellant, the council and interested parties, and provide a decision (or recommendation to the Secretary of State if the matter is called in by them). 

What is the appeal process?

The appeal process lets the Planning Inspectorate consider all the material planning considerations that are relevant to the case, and from all parties, including from the local planning authority, the applicant and from those who might have made representations on the application.

There is a strict process and timeframe for the submission and processing of appeals.

The appeal process starts with the opportunity for interested parties to submit written representations to the Inspector. The council is required to notify all those notified of the original application and those that have shown an interest in providing representations. 

Comments previously made by interested parties will be taken into account by the Inspectorate. It is not necessary to submit comments again unless it is felt necessary to amend, supplement or withdraw them.

The council, in its capacity as the local planning authority, will prepare a Statement of Case and all witnesses will prepare a Proof of Evidence, all to be submitted to the Inspector, and will be uploaded to the document library. 

Should interested parties wish to be involved in a formal capacity during the inquiry itself, then they should give consideration to applying for formal ‘Rule 6’ status. Any Rule 6 party must be able to present written and oral evidence to the inquiry and bear the costs of doing so. They should be prepared to examine the evidence put forward by others involved and enter into a Statement of Common Ground if requested to do so. The timescales specified by the Inspector must be followed. Statement of Common Ground if requested to do so. The timescales specified by the Inspector must be followed. 

Four weeks before the inquiry opens, the appellant, council and any Rule 6 party must provide their evidence, upon which they base their arguments, and agreed Statements of Common Ground. Further written submissions are not normally accepted after this date. 

When the inquiry opens, the Inspector will determine the manner in which evidence is to be heard. A site visit will usually follow the hearing of evidence, although no evidence or opinion will be heard during the visit. The Inspector will then normally issue their written decision in a specified timeframe, either dismissing the appeal or allow the appeal. The decision will be published on the Inspectorate’s website. 

If you need to know more about the procedure, you can contact the Inspectorate’s case officer, Kerr Brown, by email at Kerr.Brown@planninginspectorate.gov.uk  or by leaving a telephone message on 0303 444 5000. 

Who are the main parties?

The main parties in this inquiry are the appellant (formerly the applicant) and the local planning authority.

Observing and taking part in the inquiry

It is unknown how many local residents and other people with an interest will wish to appear at the event, but the inspector has made clear that they must be accommodated.

A copy of the 'Guide to taking part in planning appeals proceeding by inquiry' can be found on the GOV.UK website

What if I feel unable to take part?

If you want to take an active part but feel unable to for any reason, or the points you want to make are not covered in the evidence of others, consider whether someone else could raise them on your behalf.

Where can I view the appeal documents?

The appeal documents will be available for inspection on Public Document Sharing.

Will the inspector visit the site?

The inspector will carry out an unaccompanied site visit before the inquiry and a site visit after the inquiry. The post-inquiry site visit will be part accompanied and part unaccompanied. The main parties will submit, before the inquiry opens, a list of private properties to be visited accompanied and a list of places to visit unaccompanied.

Where will the decision be published?

The decision on the appeal will be published on GOV.UK. A copy of the decision will be kept on the local planning authority’s statutory register.