A recent Inner House decision may provide some comfort to planning authorities grappling with the new appeal requirements post planning reform. In Greenland Developments (UK) Limited v Scottish Ministers the courts held that the Reporter had not erred in taking into account the planning authority’s response to an appeal, even although it had been lodged 13 days late! Clearly complying with procedural requirements is the best way to avoid further challenge but as this decision re-inforces as long as there is no prejudice then strict adherence to procedure is not always required.
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In the context of so many time-barred appeals in year 2010/11 – this is highly significant. It looks like one rule for the public sector and another for the private sector. It was clear that some case law was needed to clarify the less-than-hepful and potentially conflicting advice in circulars, regulations and forms. Indeed at times senior reporters seemed to be encouraging such a course of action. Not sure that this decision does anything other than pour fuel on the fire. UNLESS, that is, the DPEA accepts the ‘no prejudice’ dictum. Time (as they say) will tell.