The Chartered Institute of Architectural Technologists’ President, Mark Kennett PCIAT, has written to Iain Wright MP, Parliamentary Under Secretary of State, at the CLG on behalf of the CIAT membership to lobby for a revision to the Planning Bill and the removal of four Clauses (Part 9 Chapter 2 Clauses 150 – 154).
The proposed new Clauses seek to restrict the right of appeal to an independent planning inspectorate on decisions taken under delegated powers by planning officers. Rather than taking these decisions to appeal the government proposes to introduce a review of the officers decision by the councilors; a Local member review body. At present an applicant has a route whereby if they disagree with an officer decision they then have the opportunity to take this to an independent appeal.
In his letter outlining the concerns of the members, Mark wrote:
“We consider that this proposed change will mean that the same body of individuals may or will be responsible for hearing the appeal. The process as being suggested cannot possibly be impartial or independent and therefore would not be fair to all parties.
We feel that it is unjust for councillors to determine appeals against their own authority and we feel that this proposal would be contrary to the European Convention of Human Rights where “everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”.
Our concern is that local councillors may not review the case on its merits and planning grounds but may seek to respond to local pressure for even small proposals where there is no justification for refusal. The current system takes the decision away from the council to a respected planning inspectorate.”