Letter: Is A Further Appeal of the Solum Decision Possible?

Published on: 31 Jan, 2018
Updated on: 31 Jan, 2018

From Bibhas Neogi

Can the planning permission given by an inspector on appeal by the applicant against the local authority decision be revoked? This is a question that lawyers only can answer.

The Secretary of State or Parliament has the authority as explained in researchbriefings.files.parliament.uk/documents/SN00905/SN00905.pdf

The introductory note says “4 Jul 2016 – The Secretary of State has power, under s100 of the Town and Country Planning Act 1990, to revoke or modify a planning permission granted by a local planning authority. Revocation or modification can only be made before a planning permission is implemented.”

But what if supporting documentation of a planning application are deemed to have used misleading header names to create a different impression and may have influenced the Inspector?

I am not aware of the full range of documentation available to an inspector but an he or she is often somewhat remote from the local issues and relies on what is available in the documentation. These are studied within a limited time period when large volumes are involved that also include public consultation reports?

I am not opposed to development of much-needed housing but we must heed the lessons of 1960s high rise blocks in London in respect of social issues that may arise due to too high a density and poor mix of different grades of housing.

The question is now whether the decision of the planning inspector be revoked? There are guidelines about when the planning refusal by a planning authority is called in by the Secretary of State. The planning inspector acts on behalf of the SoS and there are some criteria when the decision is taken by the inspector or the recommendations are passed to the SoS for a decision.

Solum’s scheme is a scheme of £150 m. It is a big scheme. It would be helpful to know whether the SoS still can revoke the inspector’s decision if representations are now freshly made by all those who opposed the planning application on various grounds. It is evident that the scheme as it stands is widely unpopular. We know Mrs Anne Milton has raised the matter with the transport secretary. Could this case be taken to the High Court? Could this be raised at the Parliament by our local MPs?

A Guildford Borough Council spokesperson responded: “The Council can’t lodge an appeal to try and overturn the planning inspector’s decision, the government can’t ‘call-in’ a planning appeal decision after it has been made and a judicial review is about the process.

“…we’re still reviewing the details of the decision and considering our options.”