With COVID-19 here the Planning Inspectorate (PINS) faces its own specific and unprecedented challenges.
The most significant is how to ensure that the planning appeals system continues to function efficiently and how also to ensure that a significant backlog of cases does not arise thus hindering the delivery of new development once the lockdown is lifted.
This challenge is complex as PINS needs to ensure that technology can accommodate an entire planning hearing or inquiry, including cross examination of witnesses, round table discussions with many parties and significant public representation. All this needs to be ensured whilst still maintaining that due process is followed.
COVID-19 is driving PINS to modernise its processes and practices. PINS has announced that it is looking into innovative technology solutions that will focus on holding virtual events as specified in a joint statement issued on 1 April 2020 by PINS and the Planning & Bar Association (PEBA). PINS' latest update issued on 16 April 2020 sets out further detail in this regard including virtual site visits with a small group of inspectors trialling this at the moment. However, PINS do not expect to hold their first virtual hearings/inquiries until the end of April or beginning of May but they are currently trialling various events in the background and there is clearly a concerted effort to progress cases as much as possible which is very much applauded.
Whilst it is acknowledged that the task facing PINS is a mammoth one, other organisations and local planning authorities who face equally daunting challenges have been undertaking their trials 'front of house' as opposed to behind the scenes. Granted, the results are sometimes mixed but it has enabled crucial feedback to be obtained from those stakeholders who have actually participated in the process. One example of an area that has been problematic is ensuring responsible public participation in local authority committee meetings. Controlling this, whilst still ensuring active and fair public engagement has been a key issue to date. But the technology exists now along with the necessary legal framework to allow virtual meetings to proceed. Effective and strong leadership of meetings seems to be the key to allowing due process to be followed.
Given PINS are still accepting appeals online, they will be under great pressure to process and validate a larger volume of cases in a shorter period. This is particularly pertinent as we are aware that a number of applicants are seeking to ensure that their planning applications move through the system by appealing against non-determination where local planning authorities are unable to meet statutory deadlines.
Currently, PINS have stated that there is no downgrading of any appeal that is likely to have been held as an inquiry or hearing to written representations, unless there is agreement by all parties. It remains to be seen to what extent this position can be maintained, particularly if virtual events do not start until mid-May at the earliest on the assumption that the pilot cases are successful.
The Lord Chief Justice on 19 March 2020 confirmed that (while admitting it will clearly not always be possible), 'the default position now in all jurisdictions must be that hearings should be conducted with one, more than one or all participants attending remotely'. Given the Courts are taking this approach we would hope that PINS will move quickly now to outline a virtual procedure that can ensure that the planning system doesn't lag behind. The need again for decisive action and leadership is becoming increasingly important if PINS is to cope adequately with the backlog of cases once COVID-19 has run its course. Only decisive action now will ensure that the development industry gets back on its feet as quickly as possible once this difficult time has passed.
Jasmine Ratta is a solicitor at Trowers
