planning appeals principles William Orbinson QC 2014 CONTENTS Foreword by Elaine Kinghan, Chief Commissioner of the PAC Page i Acknowledgements Page ii CHAPTER 1 INTRODUCTION Page 1 CHAPTER 2 THE COMMISSION’S APPROACH TO POLICY Page 3 Scope of Application Page 3 Broad Approach of the Commission Page 3 Specific Principles followed by the Commission Page 3 CHAPTER 3 SUSTAINING REFUSAL Page 33 Scope of Application Page 33 The Commission can only determine appeals that are validly made and in Article 32 appeals cannot correct inadequacies in applications Page 33 Late Reasons for Refusal Page 33 Amendments to Appeal Proposals Page 34 Inadequate Information Page 37 The Department’s Duty to sustain Refusal Reasons Page 39 Relevant Principles Page 39 Article 32(4) Novo’ Power Page 51 ‘De Scope of Application Page 51 A Power to be used sparingly Page 52 Principles governing the Exercise of the Power Page 52 Need for Advance Notice by the Department Page 53 What if Objectors raise Fresh Issues? Page 53 Mechanics of Article 32(4) Page 53 CHAPTER 4 FAIRNESS Page 55 Scope Page 55 Effect Page 55 Origin Page 55 Principles of Fairness Page 55 CHAPTER 5 THE PRECEDENT VALUE OF COMMISSION DECISIONS Page 62
planning appeals principles William Orbinson QC 2014 CONTENTS Foreword by Elaine Kinghan, Chief Commissioner of the PAC Page i Acknowledgements Page ii CHAPTER 1 INTRODUCTION Page 1 CHAPTER 2 THE COMMISSION’S APPROACH TO POLICY Page 3 Scope of Application Page 3 Broad Approach of the Commission Page 3 Specific Principles followed by the Commission Page 3 CHAPTER 3 SUSTAINING REFUSAL Page 33 Scope of Application Page 33 The Commission can only determine appeals that are validly made and in Article 32 appeals cannot correct inadequacies in applications Page 33 Late Reasons for Refusal Page 33 Amendments to Appeal Proposals Page 34 Inadequate Information Page 37 The Department’s Duty to sustain Refusal Reasons Page 39 Relevant Principles Page 39 Article 32(4) ‘De Novo’ Power Page 51 Scope of Application Page 51 A Power to be used sparingly Page 52 Principles governing the Exercise of the Power Page 52 Need for Advance Notice by the Department Page 53 What if Objectors raise Fresh Issues? Page 53 Mechanics of Article 32(4) Page 53 CHAPTER 4 FAIRNESS Page 55 Scope Page 55 Effect Page 55 Origin Page 55 Principles of Fairness Page 55 CHAPTER 5 THE PRECEDENT VALUE OF COMMISSION DECISIONS Page 62
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