In England, the Planning Inspectorate has had some experience in determining appeal procedure and have published criteria for their decision. Unlike the DPEA, they have to give reasons for procedural decisions. They will not always decide according to the published criteria. One example they have given is that they will consider holding a hearing where there has been a refusal contrary to officer recommendation and “confidently to ascertain and understand the grounds of refusal by an exchange of written submissions is likely to prove difficult”.
On February 9, 2010