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This page will give you the following information about the right to appeal and the appeal process.
Right of Appeal
Planning appeals are intended as a last resort as they can take several months to decide. If your application has been refused it may be quicker to discuss with the Planning Department whether changes to your proposal would make it more acceptable, as you may be able to submit a modified application free of charge within 12 months of the refusal.
An appeal may be made in the following circumstances:
- Refusal of a scheme; or
- Permission has been granted , but with conditions the applicant thinks are inappropriate;
- If the District Council does not decide the application within the time allowed. Normally this is eight weeks from the date of receipt of the application;
- An Enforcement Notice has been served.
There is no right of appeal for interested people or organisations, and other ‘third parties’.
The appeal must be made by the original applicant(s) for the permission and must be made within 6 months of the decision date, while Advertisement Consent appeals must be made within 8 weeks of the date of the decision. Appeals relating to householder applications submitted after 6th April 2009 must be made within 12 weeks of the decision date.
Your case will be considered on its merits. Statements should cover all the points that you consider relevant, but you should try to keep it as concise as possible.
Appeal Procedures
Written Procedure
The written procedure involves the submission of a written document from both the appellant and the Council and is designed to make the appeal proceed quickly and fairly. The appointed Inspector will make a judgement following consideration of all submitted material, and a visit to the site. The Planning Inspectorate have published a Guide to taking part in planning appeals proceeding by written representations (111KB, PDF), and a Guide to taking part in enforcement appeals proceeding by written representations (101KB, PDF).
Hearing Procedure
The hearing procedure is less formal than inquiries and involves an informal discussion with everyone including the Inspector seated round a table, usually followed by a site visit. Legal representatives are not usually involved as hearings are aimed at being quicker and cheaper than an inquiry. The Planning Inspectorate have published a Guide to taking part in planning appeals proceeding by a hearing (104KB, PDF), and a Guide to taking part in enforcement appeals proceeding by a hearing (106KB, PDF).
Inquiry Procedures
The inquiry procedure involves a more formal event, where individual witnesses may be cross-examined in front of the Inspector. Inquiries are used for complicated or controversial applications or where it is necessary to cross-examine witnesses. The Planning Inspectorate have published a Guide to taking part in planning appeals proceeding by an inquiry (107KB, PDF), and Guide to taking part in enforcement appeals proceeding by an inquiry (112KB, PDF).
Appeals Process
Any other people who have an interest in the appeal, for example groups or neighbours will be given the right to comment on the proposal and the Inspector must take into account the views of these third parties when making a decision. Householder appeals dealt with through the new expedited Householder Appeals Service (which applies to Householder applications submitted after 6th April 2009) will be dealt with on the basis of the written representations received at the time of application. There will be no opportunity for interested parties to be consulted upon Householder Appeals, or to comment at appeal stage.
The Inspector will consider all the evidence in the light of:
- The Development Plan and local and national policy;
- Statement of case and comments made on statements;
- Comments submitted by anyone else;
- Site Visit.
In the decision letter, the Inspector will usually describe the proposal and identify the important planning issues, examine the main arguments for and against the proposal and explain why the decision has been reached.
Making an Appeal
The appellant must specify which of the three Appeal Procedures they require when completing the appeal form. However, the Inspectorate, following consultation, may decide that a different procedure is more appropriate. Appeals for householder development, for applications submitted after 6th April 2009, will be dealt with by a new expedited procedure on the basis of written representations.
The appeal forms can be obtained from: The Planning Inspectorate, Customer Support Unit, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN (Tel: 0117 372 6372). More information on appeals can be found on the Planning Inspectorate's website.
Alternatively, you can download the appropriate forms and guidance from the Planning Inspectorate’s website, or submit your appeal on-line using the Planning Portal.
If you wish to discuss the appeal procedure then you can contact the Appeals team or if you wish to discuss whether there is any opportunity to overcome the objection(s) to your application then you should contact the Case Officer who dealt with the application, whose name and telephone number can be found by searching for a Planning Application on this website.
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