A concise collation of the relevant materials for each relevant stage of an appeal. Taking costs applications as an example, it brings together: the statutory basis for a costs award; the relevant procedure rules; the guidance in the National Planning Practice Guidance; summaries or extracts example costs decisions which show how particular points are often decided and provides commentary and observations.
Preparing.
Provides a step by step guide to framing a case, supporting it with effective evidence and advice on how to avoid pitfalls.
Giving evidence.
The focus of any appeal is the inquiry or hearing.
The function of the inquiry and its key elements have to be understood in order to be effective within it. It covers the benefits of a good examination in chief; what can be achieved during cross examination and how are you (as witness, client, solicitor) going to contribute; does re-examination matter and how does all this relate to what is said ultimately in closing submissions?
The Rosewell Review. Provides detailed explanation of the impact of the Rosewell Review.
This title is included in Bloomsbury Professional's Planning Law online service.
By:
Richard Kimblin KC KC
Imprint: Bloomsbury Professional
Country of Publication: United Kingdom
Dimensions:
Height: 248mm,
Width: 156mm,
Weight: 485g
ISBN: 9781526515292
ISBN 10: 1526515296
Pages: 296
Publication Date: 24 September 2020
Audience:
Professional and scholarly
,
Undergraduate
Format: Paperback
Publisher's Status: Active
Chapter 1 The scope of appeals Chapter 2 Commencement Chapter 3 Written evidence and representations Chapter 4 Managing appeals and Rosewell Chapter 5 Inquiries Chapter 6 Hearings Chapter 7 Remote events and electronic documents Chapter 8 Costs Chapter 9 Applications and appeals against Secretary of State decisions Chapter 10 Where next? APPENDICES 1 Town and Country Planning Act 1990, ss 70, 77 and 78 (as amended) 2 Town and Country Planning (Development Management Procedure) (England) Order 2015 (SI 2015/595) 3 Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 (SI 2000/1625) (as amended) 4 Town and Country Planning (Hearings Procedure) (England) Rules 2000 (SI 2000/1626) (as amended) 5 Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 (SI 2002/2685) (as amended) 6 Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017 (SI 2017/544) 7 Timescales – Rosewell 8 Plan of an inquiry room 9 Bar Council Code of Conduct – extracts 10 RTPI Code of Professional Conduct 11 RICS Rules of Conduct for Members
Richard Kimblin KC is a barrister at No 5 Chambers, who has been engaged with this area of work throughout his career. His inquiry experience extends from early cases on inquiry fairness to the longest running inquiry since Heathrow T5, namely the mid-Wales windfarm inquiry which sat from time to time over a year. He has long experience of enforcement inquiries, Transport and Works Act inquiries for schemes including motorways, canals and railways – most recently at the East-West Rail inquiry. He has been instructed by the Government as a member of the Attorney General’s A Panel of Counsel. In consequence he has appeared in the Planning Court and the Court of Appeal in many of the recent cases which address planning inquiries and hearings.
Reviews for Planning Appeals: Practice and Materials
This is an excellent and timely book. Unlike others on planning law, it concentrates on appeals from local planning authorities to the Secretary of State: how they are made, how they are managed, and how they are won and lost. * Lord Justice Lindblom, from the foreword *
