Called In Planning Applications
A Guide to Called In Planning Applications
The page gives advice only. It has no legal force.
Where we use "he" to refer to anyone, this also means "she" or "they".
What is a called-in planning application?
Most planning applications are decided locally by the district or other
council. But the Secretary of State has reserve powers to
direct the council to refer an application to him for decision. This is
what is meant by a 'called-in' application.
Each year many thousands of applications are made, but the Secretary of State calls in only about 50. His policy is that normally he will
only call in an application if he thinks that there are planning issues
of more than local importance. Examples of these are-
- development that may conflict with national planning policy on
important matters;
- development that could have wide effects beyond its immediate
locality;
- development that raises significant architectural and urban design
issues;
- development where the interests of national security are involved,
or the interest of foreign Governments;
- development where there is significant regional or national controversy.
When the Secretary of State calls-in an application, he gives his direction in a letter to the council. This is known as the 'call-in letter'. Normally it will be issued by the Government Office for the Region, who also write to the applicant and any statutory party.
Before the Secretary of State decides the application, we nearly always hold an inquiry.
Contents:
1. Frequently asked questions
- I think that an application should be called in. What should I do?
- Do I need to buy a copy of the rules?
- Who can appear at the inquiry?
- Why are pre-inquiry meetings held and what will happen at the meeting?
- What will happen at the inquiry?
- Representatives of Government Departments and other public bodies at inquiries
- How will I know that the application has been called-in? and how will I find out the inquiry date and the venue?
- If I intend to be represented at the inquiry, do I first have to send a written statement?
- Do I need to be representated at the inquiry by a Solicitor, Barrister or other professional person?
- I cannot, or do not wish to, attend the inquiry. Do I want my views considered. What do I do?
- I have already written to the LPA or Government Office about the application. How do I make sure that the Inspector is aware of my views?
- After the inquiry.
- Are Called in Application decision letters available electronically?
2. About the Planning Inspectorate
3. Appendix i - Frequently used terms
4. Appendix ii - Useful addresses
1. Frequently Asked Questions
I think that an application should be called in. What should I do?
If you think that a planning application should be called in by the Secretary of State, you should write to the Planning Director at the Government Office for your region. The addresses are at the end of this booklet. Give clear reasons why you think that the application should be called in, including why it is of more than local importance.
Do I need to buy a copy of the Rules?
This is not essential and most people find that they never need to look at them. But if you do wish to buy a copy there are four ways-
- Stationary Office Bookshops
- Accredited Stationary Office Agents (see yellow pages)
- Through good Booksellers
- The Stationery Office has developed an on-line information service and virtual bookstore - This is available on www.hmso.gov.uk
Who can appear at the inquiry?
Under the Rules, the following people have the right to appear at the inquiry-
- the applicant;
- any statutory party;
- the LPA;
- the parish or community council for the site,
if they made representations to the LPA when the application was made;
- if the application site falls within their area but they are
not themselves the LPA, the following -
a county or district council
a National Park Committee;
a joint or special planning board;
the Broads Authority;
a housing action trust;
- English Heritage, if they had to be notified by the LPA about
a related application for listed building consent;
- any third party who has served a statement of case or an outline statement-typically, this could include an association or group who have special knowledge or a particular viewpoint which might otherwise not be adequately examined at the inquiry. Third parties can view copies of the public inquiry documents at the council offices.
If you are a third party but have not been asked for a statement, you do not have the right to appear. But you may nevertheless speak at the discretion of the Inspector, who must not unreasonably withhold permission. We encourage local people to take part, because their local knowledge and opinions are often valuable.
Why are pre-inquiry meetings held and what will happen at the meeting?
The pre-inquiry meeting has only one purpose-to discuss the procedure to be followed at the inquiry.
NOTE: That PIM's are usually held to aid the Inspector and at the Inspectorates request. It is very rare for the Secretary of State to instigate a PIM, and when doing so, will issue formal notification as to why the PIM is required, and what it should cover.
The aim is to make the inquiry run efficiently, by helping the Inspector and participants with their preparations. There is no discussion of the merits of the planning issues raised by the application. The main matters normally covered are-
- facilities and accommodation at the inquiry venue-this
includes any special facilities needed for the Inspector
or participants;
- inquiry dates and sitting times-the Inspector will ask the participants how long they think they will need to take to present their evidence;
- names of main participants and number of witnesses;
- identification of the main issues for discussion at the inquiry;
- arrangements for preparation of the statement of common ground
including arrangements for any informal meetings that
may be required to assist in preparing such statements;
- nature and format of evidence-it is now normal for summaries of evidence to be read at inquiries and for the main proofs to be taken as read;
- other aspects of evidence, such as the use of standard units of measurement.
The Inspector is not prevented from later questioning the participants on agreed matters at the inquiry, where he thinks that this is necessary. For example, he may need to be satisfied that such agreement is soundly based and that the parties have given sufficient weight to all aspects of the development taking account of the development plan and Government planning policies. The Inspector may also allow other persons to appear at the inquiry - so, whilst any member of the public may attend the pre-inquiry meeting, local people should not feel disadvantaged if they cannot attend or do not wish to.
What will happen at the inquiry?
Called in planning applications are often for large-scale
development, or they are complicated in other ways.
So an inquiry may last
for several days (or even weeks). At the inquiry,
the main participants will probably
present expert evidence and cross-examine witnesses.
But other participants, for example local residents,
usually
participate
in a more low-key
way. And because the inquiry is open to the public,
some people attend just
to listen or report the event for the press.
The Inspector has considerable discretion in running
the inquiry, within the Rules. He will often have
held a pre-inquiry
meeting
some weeks
earlier with the main participants to discuss the
practicalities of the inquiry.
But he will still go through some routine matters.
These include asking who will be taking part in the
inquiry.
After those
with a right to
appear have given their details, the Inspector will
ask if anyone else wants
to speak - at this stage, he will only ask for their
names and addresses.Then the Inspector will usually
explain the
inquiry procedure. In general
this
will be as follows.
- The LPA will begin by making an opening statement and then call any supporting witnesses to give their evidence.
- The applicant will have the final right of reply.
- Other leading participants entitled (statutory parties) or permitted (third parties) to appear shall be heard in the order the Inspector determines.
- People entitled to appear at the inquiry will be able to call evidence (witnesses).
- The applicant, the local planning authority, and any statutory party will be entitled to cross examine persons giving evidence.
- The Inspector may refuse to permit giving evidence he considers irrelevant.
- The Inspector may read out letters from those who cannot attend the inquiry.
- If necessary, the Inspector may adjourn the inquiry.
Representatives of government departments and other public bodies at the inquiry
The applicant, the LPA or a person entitled to appear at the inquiry has the right in certain circumstances to ask for a representative of a government department or other public body to send a representative to the inquiry and to cross-examine that representative. But these parties must ask for this in writing at least 28 days before the inquiry is due to start.
How will I know that the application has been called in? And how will I find out the inquiry date and venue?
If we know about your interest because the LPA have told us that you have written to them or you have written to the Government Office, the Case Officer will write to you. And under the Rules we will-
- require the LPA to publicise the inquiry arrangements in the
local press;
- require the LPA to inform owners and occupiers of properties
near the application site, and anyone else the
LPA thinks may be affected by the development.
- require the applicant, if he controls the site, to post a notice on the site in a place where it can be seen by the public.
If I intend to appear at the inquiry, do I first have to send a written statement?
If you are appearing at the inquiry as of right, you will be asked
to submit a full written statement of case before
the inquiry under the
Rules.
It should be direct and to the point.
Other people (those appearing at the Inspector's
discretion) usually prefer to make or read out
a brief statement
setting out their views.
But you
need to think about what you want to say and how.
If you are the organiser of a group or association
and
you want
to take
a leading role at the
inquiry
by calling your own witnesses, you should contact
the case officer at the earliest possible moment.
If we
agree to
your request,
we will ask
you to serve a statement of case under the Rules.
You will then be able to appear at the inquiry
as of right,
in the
same way
as the other
major
participants - and we will send you copies of their
statements. However, to avoid making the inquiry
too repetitious,
we encourage participants
with similar views to group together and elect
a spokesperson to appear at the inquiry on the
group's
behalf.
Do I need to be represented at the inquiry by a solicitor, barrister or other professional person?
An inquiry is not a court of law and there is no requirement for
anyone to be legally represented by a solicitor or
barrister. The applicant and LPA will
usually have a legal representative at the inquiry, and may call
on the services of other professionals such
as architects and
engineers. And this is often so for the other leading
participants.
Generally, local people making a brief statement do not
choose to be professionally represented and should
not feel at a
disadvantage.
I cannot, or do not wish to, attend the inquiry. But I do want my views considered. What should I do?
You must write to the Case Officer with your views as soon as possible.
I have already written to the LPA or Government Office about the application. How do I make sure that the Inspector is aware of my views?
The Inspector must approach the inquiry with an open mind. For this reason, he will not see correspondence, which may have influenced the Secretary of State to call in the application. So if you wish to pursue the matter, you must write to the Case Officer making your views known, even if you have written earlier.
After the inquiry
After the inquiry, the Inspector will report to the Secretary of State with his or her findings and recommendations. When the Secretary of State has reached a decision, this will be explained in the decision letter. This letter will normally be sent by the Planning Central Casework which is part of the Department of Communities and Local Government.
Are Called in Application decision letters available electronically?
Called in Application Decision letters are available on the Communities and Local Government Website.
Call-in letters and called-in and recovered appeals decision letters
2. About the Planning Inspectorate
We are an Executive Agency within the Department for Communities and Local Government. From our office in Bristol,
we arrange for a Planning Inspector to consider
the issues involved in the application and submit a report to the Department for communities and Local Government for their consideration.
Inspectors have different backgrounds. These include
town planning, surveying, engineering, architecture
and law.
We choose Inspectors very
carefully and train them thoroughly. They generally
work from home. For some very complex inquiries,
we may appoint
an assessor
to assist
the Inspector on special aspects of the application
(for example, noise or pollution).
We have to do a certain amount of administrative
work before the inquiry. This is dealt with by
a case officer.
We always
name the case officer
and give his or her telephone number, fax number
and E-mail address. We
do not change the case officer allocated to a particular
application unless we are forced to (for example,
through illness).
3. Appendix i
Terms in this guide
We do try to avoid jargon. But we cannot avoid using a few special words and expressions. We explain these here-
Government Office
The relevant Government Office for the Region. A list of these is at the end of this guide.
Planning Application
An application for planning permission. Or an application for approval of matters reserved for later agreement by the conditions of an existing planning permission.
LPA
The Local Planning Authority. This is the term used to describe the local authority who would normally decide the planning application. Usually this is your local District, Borough or Unitary Council. But sometimes it will be the County Council or another body such as a joint planning board.
Called in application (or "call-in")
Most planning applications are decided by the LPA. But the Secretary of State has reserve powers to direct the council to refer an application to him for decision. This is what is meant by a "called in" application (or simply a "call-in").
Call-in letter
When the Secretary of State calls in an application, he gives his direction in a letter to the council. This is known as the "call-in letter".
Application Site
The land covered by the planning application.
Applicant
The person or organisation who made the planning application.
Statutory party
Any owner or agricultural tenant of the application site, except the applicant himself. But to qualify as a statutory party, you must have made representations about the application to the LPA or the Secretary of State within 21 days of being served with notice of the application.
Leading participants
The persons with a right to appear at the inquiry-we give more details about this later in the guide.
Third party
Anyone else who makes representations about the application. Examples of third parties are neighbours and local amenity societies.
Inspector
The planning Inspector appointed to hold the local inquiry into the planning application.
Case Officer
The person we allocate to handle the administrative work that we need to do before there can be an inquiry.
The Rules
The Town and Country Planning (Inquiries Procedure)(England) Rules 2000 (Statutory Instrument 2000 Number 1624).
Starting Date
The date of the letter (also known as the Call-in letter) from the Government Office telling the applicant and LPA that the Planning Inspectorate will be arranging an inquiry into the application.
Pre-inquiry Meeting
A meeting held by the Inspector to help him and the main participants prepare for the inquiry. Normally the Inspector decides whether this is necessary. But occasionally the Secretary of State may cause one to be held.
Statement of Case
The written statement prepared by the applicant and LPA and other people appearing at the inquiry. These statements must include the full particulars of the points that the participants intend to make at the inquiry. A list of any documents which they intend to refer to must also be included.
Outline statement
A written statement similar to the Statement of Case, but limited to the participant's main submissions. It will only be required where the Secretary of State, not the Inspector, has caused a pre-inquiry meeting to be held. So it will rarely be necessary.
Statement of Common Ground
An agreed statement between the applicant and LPA on the facts upon which they agree and those which remain in dispute to be submitted to the Secretary of State not less than 4 weeks before the date of the inquiry.
Proof of Evidence
Written evidence to be read at the inquiry to be submited to the Secretary of State not less than 4 weeks before the date of the inquiry.
Inspector's Report
The written report of the inquiry made to the Secretary of State by the Inspector.
Decision Letter
The Secretary of State's letter deciding the application after the Inspector's report has been considered. The letter is addressed to the applicant and is usually sent by the Planning Central Casework Division.
4. Appendix ii - Useful Addresses
Planning Inspectorate
Planning Inspectorate
Major and Specialist Casework,
Room 4/04 Kite Wing
Temple Quay House
2 The Square
Temple Quay
Bristol
BS12 6PN
0117 372 8918
Fax 0117 372 8181
E-mail gavin.findley@pins.gsi.gov.uk
GOVERNMENT OFFICE FOR THE NORTH EAST - Serving Northumberland, Tyne & Wear, Durham, and teeside
Government Office for the North East
Land Use Planning Team
Wellbar House
Gallowgate
NEWCASTLE-UPON-TYNE
NE1 4TD
0191 202 3300
FAX 0191 201 3710
Web site www.go-ne.gov.uk
GOVERNMENT OFFICE FOR THE NORTH WEST - serving Cumbria,
Lancashire, Greater Manchester, Liverpool, Knowsley, Sefton, St Helens,
Wirral and Cheshire
Government
Office for the North West
Planning
Sunley Tower
Piccadilly Plaza
MANCHESTER
M1
4BE
0161 952 4000
Fax 0161 952 4255
Web site www.go-nw.gov.uk
GOVERNMENT OFFICE FOR YORKSHIRE & THE HUMBER - serving
North Yorkshire, South Yorkshire, West Yorkshire and The Humber
Government Office for Yorkshire
and the Humber
PO Box 213
City House
New Station Street
LEEDS
LS1 4JD
General
enquiries 0113 280 0600
Web site www.goyh.gov.uk
GOVERNMENT OFFICE FOR THE EAST MIDLANDS - serving Derbyshire,
Leicestershire, Lincolnshire, Northamptonshire, Nottinghamshire and Rutland
Government
Office
for the East Midlands
The Belgrave Centre
Stanley PlaceTalbot Street
NOTTINGHAM
NG1
5CG
Planning enquiries 0115 971 9971
E-mail planning.goem@go-regions.gsi.gov.uk
Web
site www.go-em.gov.uk
GOVERNMENT OFFICE FOR THE WEST MIDLANDS - serving Birmingham,
Coventry, Dudley, Sandwell, Solihull, Walsall, Wolverhampton, Warwickshire,
Staffordshire,
Shropshire, Herefordshire and Worcestershire.
Government Office for the
West Midlands
77 Paradise Circus
Queensway
BIRMINGHAM
B1 2DT
0121 212 5114
Planning
enquiries 0121 212 5000
Web site www.go-wm.gov.uk
GOVERNMENT OFFICE FOR THE EAST OF ENGLAND - serving Bedfordshire,
Cambridgeshire, Essex, Hertfordshire, Norfolk and Suffolk
Government Office
for the East
of England
Eastbrook
Shaftesbury Road
Cambridge
CB2 2DF
01223 372918
E-mail Planningcasework@goeast.gsi.gov.uk
Web site www.go-east.gov.uk
GOVERNMENT OFFICE FOR LONDON - serving Greater London
Government
Office for London
9th Floor
Riverwalk House
157-161 Millbank,
LONDON
SW1P
4RR
0207 217
3456
Fax 0207 217 3471
Web site www.open.gov.uk/glondon
GOVERNMENT OFFICE FOR THE SOUTH EAST
Bridge House
1 Walnut Tree Close
GUILDFORD
Surrey
GU1
4GA
General enquiries 0148 388 2255
Fax 0148 388 2259
Web site www.go-se.gov.uk
GOVERNMENT OFFICE FOR THE SOUTH WEST - serving Cornwall,
Isles of Scilly, Devon, Dorset, Somerset, Gloucestershire, Wiltshire
and the unitary authorities
of Plymouth, Torbay, North Somerset, Bristol, South Gloucestershire,
Bath & North
East Somerset and Swindon
For all parts of the Region except Devon and Cornwall
Government
Office for the South West
Planning and Transport Manager
2 Rivergate
Temple
Quay
BRISTOL
BS1 6ED
0117 900 1800
Fax 0117 900 1918
Web site www.gosw.gov.uk
For Devon and Cornwall
Government Office for the South West
Mast House
Shepherds
Wharf
24 Sutton Road
PLYMOUTH
PL4 0HJ
01752 263 5000
Fax 01752 263 5090
Web
site www.gosw.gov.uk
