My authority has a case where the original applicant on a planning application (A) was a tenant at the premises concerned. Subsequently, a new owner (B) has purchased the property and has lodged an appeal against refusal of the application. Upon clarifying with the Inspectorate, they provided confirmation from A allowing B to make the appeal. Section 78(1) of Act states only “the applicant” may appeal. In comparison, Section 174 makes a clear distinction that “a person having an interest in the land” may appeal. The Inspectorate’s ‘Guide to taking part in planning appeals’ states only the original applicant can appeal, but contradicts this in ‘How to complete your planning appeal form’ stating that you can obtain written consent from the original applicant (pg 3). However, I can find no legislative provision which allows the transfer of appeal rights. The implications here could be significant in that third parties could appeal proposals they had no involvement with and avoid paying a fee to the LPA. In addition, a proposal refused on the grounds of inadequate information or poor design could then be approved by an Inspector because the third party provided that information or amendments. I believe there is scope for judicial review here, and wonder if anyone has similar experience or opinion?
