Saturday, November 22 2008
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Appeals

People seeking planning permission have a right of appeal to the Planning Inspectorate if:

  1. No decision has been reached on the application within the statutory period
  2. The application is refused
  3. The applicant does not agree with one or more of the conditions on an approval

Appeals are usually time consuming and, depending on which method of appeal you choose, can be expensive. Before you opt for this course of action, it is worth speaking to the planning officer who dealt with your application to see if there is scope to negotiate a compromise and submit an amended application.

The time period in which an appeal can be made is 6 months.

Details of the appeal procedures can be found accompanying the decision notice, or by visiting the Planning Portal or the Planning Inspectorate websites.

There are 3 ways in which an appeal can be dealt with:  

  1. Written Representations - this is the quickest method. The appellant and the Council prepare written statements for the Planning Inspectorate to consider. A Planning Inspector will visit the site and then issue a decision.  
  2. Informal Hearing - with the agreement of both parties and where the planning issues are quite straightforward an informal hearing may be called. This is a discussion of the issues involved between the parties which is led by the Planning Inspector.  
  3. Public Inquiry - each side presents its case verbally before an Inspector and the witnesses for each side can be cross-examined by the opposing parties. This is usually a more lengthy and expensive procedure as it normally involves professional representation and complex arguments.

The Inspector's decision is final and you have no further right of appeal except to the High Court on a point of law. There is no third party right of appeal other than on a point of law, although third parties can be involved in the appeal process and are asked for comments on an appeal.

Independent advice is available from Planning Aid, this can be found in the Related Links section on the right.

You can submit your appeal online, via the Planning Portal website or you can download Appeal Forms from the Planning Inspectorate website. Both these websites can be found in the Related Links section on the right.

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