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Planning Appeals and Expert Evidence

The right to appeal arises from the refusal of planning permission or refusal to issue a certificate of lawful use and development or when contesting an enforcement notice. Planning appeals can be contested in three ways: by written representations, a hearing or a public inquiry. It is essential to choose the appropriate type of appeal for the case in hand so as to give the proposal the best chance of success while keeping a tight control over costs.

To effectively contest appeals it is necessary to focus on the relevant issues. Most appeals have an achilles heel and it is essential to address this rather than ignore it. No amount of time and cost wasted in skirting any weak points will cause them to disappear. Expert witnesses have a duty to the tribunal or court to give evidence that attributes the appropriate weight to the merits of a case.

Graham Warren has extensive experience of contesting appeals at all levels and preparing statements and proofs of evidence. He regularly works with leading and junior counsel on a wide range of planning appeals including enforcement cases and can recommend experienced witnesses in other specialist disciplines. It is essential to work well with other team members to ensure the very best case is presented at appeal.

Services available include ::

Assessing the likelihood of success on appeal;
Recommending the method of appeal;
Advising on the need for additional witnesses with recommendations;
In the case of public inquiries recommending, if necessary solicitor/barrister;
Preparation of proof of evidence;
Attendance at conferences with counsel;
Attending and giving expert evidence at inquiries.

Summary

Experienced witness who has and continues to work with leading counsel on major and specialist inquiries.
Objective assessment of likelihood of success.
Identification of Achilles Heel.
Advice on method of appeal ie public inquiry, hearing or written representations.
Preparation of evidence.
Recommendation of specialist solicitor and counsel as necessary.

Home > Planning Appeals

The Barn House, Manor Farm, Collingbourne Kingston, Marlborough, SN8 3SD.
tel/fax: 01264 850 746
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