Appeals against a Planning Decision
Householder Applications
In the event of a refusal of planning permission for
a householder application, an applicant has the right to
appeal to the Planning Inspectorate. All householder
applications received on or after 6 April
2009 that go forward to appeal will be dealt
with by the
Householder Appeals Service. The time limit for an
applicant to submit a householder appeal is 12 weeks from the date
of the decision notice.
Guidance on the appeal process can be found accompanying the
decision notice, or further information on appeals is
available from the appeals section of the
Planning
Portal.
Non-Householder Applications
In the event of a refusal of planning permission, an applicant
has the right to appeal to the Planning Inspectorate.
The appeal must be lodged with the Planning
Inspectorate within 6 months from the date of the decision
notice.
Rights of appeal are also possible against conditions,
Enforcement Notices and Tree Preservation Order refusals.
There are three methods of appeal for Non-Householder
applications:
1. Written Representation
This is the most popular form of appeal,
favoured where the planning issues are considered to be
straightforward. The appellant and the Council prepare
written statements for the consideration of an Inspector from
the Planning Inspectorate based in Bristol.
2. Informal Hearing
This is favoured where the planning issues
are considered to be rather more complicated; it is a 'round the
table' discussion of the issues between the Council and the
appellant led by the Inspector.
3. Public Inquiry
This is where each side verbally represents
their case before an Inspector, usually by legal
representation. The witnesses for each side can be
cross-examined by the opposing parties representatives.
NOTE - Under the
Planning legislation there are no third party rights of appeal
against a planning decision.
How to submit an Appeal
- appeals can be submitted online using the Planning
Casework Service on the Planning Portal website;
- appeal forms can be downloaded from the above site and sent via
the postal service; or
- alternatively they can be submitted to the Planning
Inspectorate via email : appeal.docs@pins.gsi.gov.uk
.
Following the progress of a Planning Appeal or Public
Inquiry
The
Planning Portal provides an online search facility for
appeals which have been submitted. This
displays
information on the location of the appeal site and also the
relevant key stages and dates relating to the specific
appeal.
- The Council's appeals register (see below) provides a summary
of current, on-going appeals and appeals determined both
in this financial year and the previous year.
How to comment on an Appeal
If you were consulted on the original planning application
then you will be notified in writing of any appeal lodged against
the decision. All correspondences relating to the appeal
should be forwarded to the Planning Inspectorate and
not to
the Council. Please comment on an appeal online via
the
Planning
Portal.
NOTE - All previous representations that
have been made on a planning application are considered as part of
an appeal. Additional comments only need to be made where
they raise new issues or information.