Fairness and public participation in video or telephone hearings for planning appeals during the COVID-19 crisis

Landmark barristers, Christopher Katkowski QC, Charles Banner QC, Kate Olley, Matthew Fraser and Matthew Henderson explain why video and telephone hearing sessions in planning appeal inquiries during the COVID-19 crisis would comply with the law on fairness and public participation. Due to the COVID-19 pandemic, the Planning Inspectorate (“PINS”) has postponed all planning appeal hearings and inquiries until at least the end of April. The PINS statement on this, dated 17^th March 2020, comments: “We are considering whether it might be feasible to utilise technological solutions to enable events to proceed but this is not straightforward given the need to ensure fairness for all parties, especially third parties." In response to this, Christopher Katkowski QC, Charles Banner QC, Kate Olley, Matthew Fraser and Matthew Henderson have produced the attached paper explaining why the legal principles concerning fairness can be complied with in a temporary procedure which would allow currently postponed planning appeals to continue by way of video or telephone hearings.​  This paper is endorsed by a number of Landmark's barristers including Rhodri Price Lewis QC, Christopher Boyle QC, Zack Simons and Andrew Byass.