Charles Holt (Lincoln)

Over the years I have taken quite a number of client’s cases to the local planning committee. Most planning applications are decided by the local officers under their ‘delegated powers’, whereby they can make the decision themselves. As long as the answer is reasonably clear, and as long as there isn’t a significant amount of public interest in the case, this saves a huge amount of time for all concerned.

However, under certain circumstances (including where a local Councillor requests it), a planning application is heard by the Local Planning Authority’s planning committee. The councillors there, are charged with actually making the decision. Usually, they listen well to the advice and recommendations of their own officers and follow that advice. But not always.

They are meant to decide cases on planning grounds alone and not bring in other matters unrelated to planning. If they decide the case on non-planning arguments, they risk losing an appeal, and risk getting an award of costs against them.

Having planning committee members who are sympathetic to your case can help a lot, but you need to be careful not to bring undue influence upon them.

I have been involved over the years in a number of cases where the planning committee has voted in direct opposition to the advice of their officers – unanimously. Sometimes in favour of an application, and sometimes against it. Members of planning committees frequently make up their own minds, and not always on planning grounds.

If they go against the advice of their officers, they need to have good planning reasons for doing so. If they go off-piste, and the reasons for refusal are not related to planning, they risk the matter being overturned at appeal. If the case is well-put at appeal, it is likely the planning inspector will not pull any punches.

And if an application for costs is submitted at appeal as well, it is likely there will be a hefty costs award, to boot.

Contact Charles at charlesholt@fcgagric.com  or your local FCG Office, on all matters relating to planning.