Latest Planning appeals FAQs from Warwick District Council.

An appeal has been withdrawn

Fri, 11 Apr 2014 11:14:32 +0100

Question: I have been notified that an appeal has been withdrawn, does this mean that the appeal site will not be developed?

Answer:

It means that the specific application that was the subject of the appeal, the reference number and details of which are in the notification of withdrawal letter has been withdrawn.

However, there may be different specific proposals that have got planning permission which may be implemented within a period of 3 years from the date of the planning permission.

I am not happy this is being heard by written representations

Fri, 11 Apr 2014 11:08:25 +0100

Question: I am not happy that this matter is only being heard by written representations. I would like a planning Hearing or an Inquiry. Can the Council request one?

Answer:

The Council normally agree with the appellant's choice of the written representations method in almost all cases because this method is the quickest, and most cost efficient. Also, there is no evidence that the prospect of the appeal being dismissed is greater using the Hearing or Inquiry procedures. It is appropriate for almost all minor and some major developments, that do not raise multiple issues of great complexity and which has not generated a lot of public interest.

However, there may be some cases usually involving more major developments, where the issues are more complex, where there is a lot of public interest, where evidence may need to be taken on oath, where the Council can request a different procedure. If you feel strongly that there should be a different procedure used you should say so, with reasons, in writing, as soon as possible to the Council's Appeals Officer and/ or the Councils elected representative(s) for the area.

The Council would then consider requesting that the Inspectorate adopt a different procedure. If a different procedure is adopted a new start date is given and the new procedure and timescale is adopted. The Planning Inspectorate website at provides indicative criteria to determine which of the three procedures is appropriate.

Will I be allowed to discuss the case with the Inspector?

Fri, 11 Apr 2014 10:54:01 +0100

Question: Will I be allowed to discuss the case with the Inspector at the site visit (under the written procedure)?

Answer:

No, but you can point out relevant facts and features.

For example; where your neighbour has applied to build an extension and you are concerned about overlooking of some of your windows; you can say to the Inspector 'These are the windows I mentioned in my letter'; but you cannot say 'These windows will be overlooked because...'

Will I be notified of the date of the Inspector's site visit?

Fri, 11 Apr 2014 10:52:18 +0100

Question: Will I be notified of the date of the Inspector's site visit (under the written procedure) and will the Inspector visit my property?

Answer:

If you own a property nearby and you want the Inspector to see the appeal site from your property you should request this when you write to the Inspectorate.

They will then notify you of the date and time. However, the Inspector will decide whether they need to come to the property. If they do, the appellant and a Council representative must come to.

You would not, normally, be notified of the date of the site visit (written procedure) by the Council.

How do I make further written representations?

Fri, 11 Apr 2014 10:49:30 +0100

Question: How do I make further written representations with regards to a planning application appeal?

Answer:

You should send three copies of your letter and enclosures to the offices of the Planning Inspectorate, citing the appeal reference number, within six weeks of the start date, as specified on the appeal notification letter.

If you send comments after the end of time limits the Inspectorate would not normally accept them. Instead they would be returned and the Inspector would not take them into account.

Will my original letter(s) be forwarded?

Fri, 11 Apr 2014 10:47:33 +0100

Question: I have already written about a planning application. Do I need to write again, or will my original letter(s) be forwarded?

Answer:

Provided you have written an individual letter about the application that is the subject of the appeal your letter would be forwarded.

However, letters related to similar previous applications on the same site that are not the subject of the appeal would not be forwarded.

If you want to double check that your original letter has indeed been received by the Planning Inspectorate you should phone them on 0117 372 632.

Will I be consulted about any planning appeal?

Fri, 11 Apr 2014 10:35:02 +0100

Question: Will I be consulted about any planning appeal that has been lodged against the Council's refusal of permission?

Answer:

All the occupants of neighbouring property who were consulted on the planning application that is the subject of the appeal, together with those additional people who wrote individual letters of representation would be notified.

Those who just made written representations on previous applications and not on the application that is the subject of the appeal would not be notified.

Also, those who just added their names to a petition (apart from the person who lead the petition); and those who just made verbal representations would not be directly notified.

Can I appeal against a planning permission?

Fri, 11 Apr 2014 10:33:02 +0100

Question: Can I appeal against a planning permission that has been granted?

Answer:

There is no right of appeal for interested people or organisations and other 'third parties'

What is the cost of making a planning appeal?

Fri, 11 Apr 2014 10:32:04 +0100

Question: What is the cost of making a planning appeal?

Answer:

You don't have to pay to make an appeal but there will inevitably be expenses, particularly if you employ someone to prepare your case for the appeal.

Also, in respect of appeals determined by the Hearing or Inquiry procedure, in the event of unreasonable behaviour that leads to quantifiable addition expenses, the Council may claim costs against you.

What are chances of success?

Fri, 11 Apr 2014 10:10:05 +0100

Question: What are chances of success? How best can I frame my planning appeal?

Answer:

Depends on merits of proposal. Inspectors statistically allow one third of all appeals.

You can seek advice from the Council's Appeals Officer but you should be aware that he/she is employed to prepare the Council's case and you need to aware of the potential for conflict of interest.

You may also consider appointing a planning consultant to give you independent advice and or prepare/present you case.

When can I appeal against a planning application decision?

Fri, 11 Apr 2014 10:03:19 +0100

Question: In what circumstances can I appeal against a planning application decision?

Answer:

If you have applied to the Council for a planning permission, listed building consent, conservation area consent, lawful development certificate, advertisement consent or consent to do works to a Tree Preservation Order tree and they have:

Refused permission
Gave permission but subject to inappropriate or unreasonable conditions
Rejected a proposal arising from a condition
Not decided the application within 8 weeks

However, you should look carefully at the reasons and speak to the Council's Planning Application officer for the case to see if the problem can be sorted out, for example; by considering changing your proposal before making an appeal.

You can submit a modified application on the same site within one year of the date of refusal.

What happens at a planning inquiry?

Fri, 11 Apr 2014 10:00:08 +0100

Question: What happens at a planning inquiry?

Answer:

Inquiries are the most formal of the appeal procedures and may range in length from a single day to several weeks.

The procedures are quite similar to a court of law usually with legal representatives presenting cases and calling and questioning expert witnesses. However, local people are encouraged to take part in the inquiry process and their local knowledge & opinions can be a valuable addition to the more formal evidence given by the appellant and the Council.

If you want more detailed advice on taking part in an inquiry please speak to the Council's Appeals Officer for the case.

What happens at a planning hearing?

Fri, 11 Apr 2014 09:58:23 +0100

Question: What happens at a planning hearing?

Answer:

A hearing normally lasts about half a day. The Inspector opens the hearing by explaining what the appeal is about and establishing who wants to speak.

You should tell the Inspector you want to speak at this stage, although not doing so does not preclude you commenting later in the Hearing.

The Inspector gives a summary of the appellant's and Council's cases and invites views from all the parties on successive topics.

After the formal part of the hearing is over, generally the hearing would continue on site, providing everyone taking part can attend.

If you want more detailed advice please speak to the Council's Appeals Officer for the case.

Can I have a copy of the planning appeal statement?

Fri, 11 Apr 2014 09:56:20 +0100

Question: Can I have a copy of the Council's planning appeal statement?

Answer:

Yes, but we normally levy a charge of £1.50 minimum for up to 10 sheets. 20p per sheet thereafter. This covers the cost of retrieving, copying and despatching the statement.

Who decides planning appeals?

Fri, 11 Apr 2014 09:54:13 +0100

Question: Who decides planning appeals?

Answer:

Almost all are decided by Planning Inspectors appointed by First Secretary of State.

What is the later procedure in a planning appeal?

Fri, 11 Apr 2014 09:52:36 +0100

Question: What is the later procedure in a planning appeal?

Answer: Later procedure: N.B. Only one of the following three procedures apply to a specific case.
Written procedure:

Typically at about 12 weeks (depending on Inspectorate workload) Inspector will visit site, either accompanied or unaccompanied.
In general the decision letters are issued within 5 weeks of Inspector's site visit.

Hearing procedure:

The Inspectorate write to Council offering a date and suggested duration for the hearing which varies according to Inspectorate workload, but is currently (2004/5), 40 to 50 weeks after start date.
Once a date and venue has been fixed with the Inspectorate the Council dispatch a notification letter of date, venue and duration of Hearing
In general the Inspectorate issues decision letter up to 5 weeks after the Hearing

Inquiry procedure:

The Inspectorate would write to the Council offering a date for the Inquiry.
Once a date and venue has been fixed with the Inspectorate, the Council dispatch a notification letter of date, venue and duration of the Inquiry, which varies according to the Inspectorate workload, but is currently (2004/5), 40 to 50 weeks after the start date
4 weeks before the Inquiry the Council and Appellant send copies of their proof(s) of evidence and their 'statement of common ground' to the Inspectorate.
In general the Inspectorate issues the decision notice up to 5 weeks after the Inquiry.

What is the initial procedure in a planning appeal?

Fri, 11 Apr 2014 09:48:44 +0100

Question: What is the initial procedure in a planning appeal?

Answer: Initial procedure with all methods on all application types, apart from advertisement consent is as follows:

Within 2 weeks of Inspectorates 'start date': Council's notification letter dispatched and Council send questionnaire with background information to Planning Inspectorate.
Within 6 weeks, Council, Appellant & third parties (e.g. public, Parish Council and consultees) send written comments/ statements/ statements of case to the Planning Inspectorate
Within 9 weeks, Council and appellant, but not third parties make final written comments