Form

Statements of Case

Published 19 August 2019

Applies to England

1. Statements of Case Where an Inquiry is Requested

Your statement of case needs to set out your case, identifying the main issues and the evidence to be called. This will allow us to make an informed decision on the appeal procedure and will ensure that all other parties (including interested people) are fully aware of the nature of your case and the issues raised right from the start. The Planning Inspectorate will make the final decision on procedure based on the evidence provided at this stage.

A statement of case is not expected to exceed 3,000 words. Detailed submissions will be for the proofs of evidence in due course.

Should the Planning Inspectorate determine that a Hearing (or even written representations) is more appropriate, details of the procedure and relevant timescales will be clarified separately.

2. What needs to be in the APPELLANT’S statement of case?

Before making an appeal, you must review the documents and arguments identified during consideration of the application. You should bear in mind that PINS will seek to start your case promptly. As such, you should only make your appeal when you are certain that you have finalised your case and are ready to proceed.

Where an Inquiry is requested, you should notify the local planning authority of your intention to appeal at least 10 working days before submitting your appeal to the Planning Inspectorate, copying the notification to the Inspectorate (See attached template).

Your statement of case must:

• address each of the reasons for refusal set out on the local planning authority’s decision notice (where a decision has been made) focussing on areas of differences. Where the appeal is against non-determination, it must address the areas that you consider most likely to comprise the local planning authority’s objections to the development proposed;
• respond to comments in relation to other matters raised by interested parties at application stage but which were not, or are unlikely to be, a reason for refusal;
• include the relevant facts and planning/legal arguments likely to be relied upon. Where case law is cited, it should include the full legal citation;
• focus on areas of difference;
• be submitted as text with relevant imagery only;
• include the documents to which you intend to refer or rely;
• set out a summary of your overall conclusions.

Your statement of case must also provide details of the likely topics that you consider need to be covered, together with your view on how the evidence can most effectively be tested in relation to each individual topic area (e.g. written evidence only; round table discussion). If cross-examination is considered necessary for a particular topic area, you must provide justification for such an approach. For inquiries, the Inspector will, as part of the early case management engagement, determine how the different areas of evidence will be dealt with at the Inquiry.

Your statement of case should also:

• indicate whether any discussions are ongoing to resolve areas of dispute, and/or whether any such discussions are anticipated;
• indicate whether there are any policies or other documents not referred to by the local planning authority in its decision but which you consider to support your case;
• describe any other material considerations, including any suggested mitigating factors.

Your statement of case must not:

• contain inflammatory, racist or otherwise abusive language;
• include any personal or otherwise sensitive information;
• contain links to websites (unless the link is to a public sector website), as websites can change over time.

3. What needs to be in the LOCAL PLANNING AUTHORITY’S statement of case?

Your statement must:

• respond to the appellant’s statement of case, addressing each of the reasons for refusal set out on the decision notice (where a decision has been made) which are being pursued, focussing on areas of difference, or the likely reasons for refusal where the appeal is against non- determination;
• include the relevant facts and planning/legal arguments likely to be relied upon. Where case law is cited, it should include the full legal citation;
• focus on areas of difference;
• be submitted as text with relevant imagery only;
• include the documents to which you intend to refer or rely;
• set out a summary of your overall conclusions.

Your statement of case must also provide details of the likely topics that you consider need to be covered, together with your view on how the evidence can most effectively be tested in relation to each individual topic area (e.g. written evidence only; round table discussion). If cross-examination is considered necessary for a particular topic area, you must provide justification for such an approach. As part of the early case management process, the Inspector will determine how the different areas of evidence will be dealt with at the Inquiry.

Your statement of case should also:

• describe any other material considerations;
• identify potential ‘Rule 6’ parties.

Your statement of case should not:

• normally introduce additional policies or raise new issues beyond those in the reasons for refusal (or putative reasons if the appeal is against non- determination);
• contain links to websites (unless the link is to a public sector website), as websites can change over time.
• include any personal or otherwise sensitive information;
• repeat or duplicate the planning officer’s report.

4. What needs to be in a statement of case from a RULE 6 PARTY? (Those wishing to take an active part in the Inquiry may seek ‘Rule 6 status’. For further information see

Apply for rule 6 status on a planning appeal or called-in application

Depending on whether you support or oppose the appeal, the information above applies to the statement of case required to be provided by any Rule 6(6) party.

Example letter of Notification of intention to submit an appeal is as a separate document