We have updated our guidance on preparing Statements of Common Ground (SoCG) for appeals under s78 of the Town and Country Planning Act 1990. It applies to all appeals determined by way of an inquiry or hearing.
SoCG can be extremely valuable to inspectors and can improve the effectiveness and efficiency of the process. The guidance is intended to assist all professional representatives and expert witnesses in compliance with their duty to assist the inspector.
Key features of the revised guidance
The revised guidance provides a comprehensive overview of SoCGs, including:
- a detailed explanation of legislative requirements and relevant procedure rules
- the introduction of ‘topic-specific SoCGs’ to supplement the main SoCG
- clear timelines for submitting SoCGs, emphasising the importance of meeting deadlines
- guidance on collaboration between parties, including potential involvement of Rule 6 parties
- recommendations for format and presentation, encouraging the use of searchable documents, tables, and diagrams
- information on the legal weight of SoCGs and potential consequences of unreasonable conduct
Collaboration with PEBA and best practices
The guidance was developed in conjunction with the Planning & Environment Bar Association (PEBA). It provides useful tips of what to do and what to avoid as well as outlining some points of good practice. A summary table of encouraged practices and those to be avoided is included for quick reference.
New template for SoCG preparation
The Planning Inspectorate and PEBA have also jointly produced a SoCG template which can be used as a guide to developing an effective SoCG and can be useful to clearly identify the points of difference between the parties’ positions. This template aligns with the new guidance to ensure consistency and effectiveness in SoCG preparation.