Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Communities and Local Government, for what reasons he reversed the appeal decision in Gateshead Borough, ref 2193211.

When appeal 2193211 was first received by the Planning Inspectorate in February 2013, the agent, acting for the appellant, indicated in the appeal form the hearing method as the preferred choice of procedure. They felt this was appropriate as consideration should be given to complex matters requiring technical expert evidence. The Planning Inspectorate wrote to the local planning authority who indicated they felt written representations would suffice.

After considering the information provided and applying the published criteria for determining the procedure the Planning Inspectorate applied Section 319a of the Town and Country Planning Act 1990 (as amended) and determined the written representations method was proportionate in the circumstances. No further correspondence regarding the choice of procedure was received and the appeal proceeded according to the timetable set out in the start letter which also explained the choice of procedure. The agent and the local planning authority submitted, as part of the appeal evidence, a statement of common ground which included agreement that the relevant requirements of paragraph 55 of the National Planning Policy Framework were satisfied.

Upon receipt of the decision, dated 29 August 2013, the appellant lodged an appeal with the High Court as he felt the requirements of paragraph 55 of the National Planning Policy Framework were satisfied, whereas the Inspector had found they were not, and that this information could have been examined verbally had the procedure been a Hearing.

To allow for procedural fairness, it was agreed by the Secretary of State for Communities and Local Government that the appeal would be re-determined by a different Inspector and would follow a Hearing or Public Inquiry once representations and considerations had been sought from the principal parties. A date for the Hearing event has been fixed for 23 July 2014.