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Application appeals

The appeals process

The Planning Inspectorate is an executive agency of the Department for Communities and Local Government and deals with planning appeals in England and Wales alongside national infrastructure planning applications, examinations of local plans and other planning-related and specialist casework. It is based in Bristol and is completely independent from your Local Planning Authority.

Planning appeals are made against the decision of the Local Planning Authority (LPA) to refuse planning permission. Sometimes they are also made against non-determination, where the LPA has failed to determine the application within the statutory time period (i.e. 8 weeks for minor and 13 weeks for major proposals). Only the person who made the planning application has the right to appeal. The appeal is made to the Planning Inspectorate and can be dealt with in the following ways depending on the scale and type of development proposed:

tick Householder appeals service tick Informal hearing
       
tick Written representation tick Public inquiry


Timeframes

For all appeals, the appeal submission must be made within six months of the LPA’s decision notice or within six months of the end of the decision period if the LPA have not made a decision. Where there is an enforcement notice on the site for the same or similar development, the appeal period may be reduced to 28 days.

Householder appeals service

In April 2009 a new and more efficient appeal procedure for householder appeals was created. The Householder Appeals Service (HAS) is suitable for appeals against refusals on householder applications. All such appeals must proceed by way of written representation. You must however appeal within 12 weeks of the decision. A key difference of the HAS is that third parties and any consultees will not have the opportunity to comment at the appeal stage. All comments made at the application stage will be carried forward and considered by the Inspector.

Written representation

This is the most popular method of appealing. Here, the Inspector considers written evidence from the appellant, the LPA and anyone else that has an interest in the appeal. The Inspector will also likely make a site visit. If the site can be viewed from a public road this will often be unaccompanied. Sometimes, both the appellant and the LPA’s representative will need to be present during the site inspection. This is known as an accompanied site inspection.


How long does it take?

There is no statutory time frame for determining planning appeals and this can vary considerably depending on the type of appeal that has been chosen and the complexity of the proposal. Typically, 80% of HAS appeals should be decided within 8 weeks. Written representations are the next quickest followed by Informal Hearings and Public Inquiries.

Awards of cost

All parties to an appeal normally meet their own expenses. However, an application for costs can be made where one party or side claims it has been caused unnecessary expense in dealing with the proceedings, because of the other side’s unreasonable behaviour. The Planning Consultancy will provide advice to you in relation to making a claim for costs. If we feel a reasonable case can be made to the Planning Inspector we will seek your consent to proceed with a claim. If successful, we will seek 50% of any award.


Changes to the appeal system

The appeals process is currently undergoing a comprehensive review by the Government with a view to simplifying the process and improving determination timeframes. The Planning Consultancy keeps a close eye on these changes which will hopefully bring about faster decisions.

To find out about Planning enforcements click here.

 
Like to know more and see how we can help?

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Types of appeal
We deal with planning application appeals and enforcement appeals. We cover all types of development.
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Why use us?
Our Chartered Town Planning consultants will ensure your case is argued effectively to the Planning Inspectorate and stands the best possible chance of success. There is no risk to you. You have nothing to lose and everything to gain. So please get in touch with us.
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Why we offer this?
We are so confident in our professional abilities that we will be able to obtain you planning permission that we are willing to undertake the work ‘at risk’ to ourselves.
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"My application for a new dwelling was refused at Committee despite officer support. I asked The Planning Consultancy to take a look at my case and they advised me to appeal and claim costs. The appeal was successful and justice duly served on my Local Planning Authority."

– Mr J Goss, East Hants
 
 
"The Planning Consultancy were very helpful and managed to win our appeal for a bungalow in our garden against Rochdale Borough Council. We were delighted with the result and happy to pay on success as the value of our plot has now increased significantly."

– Mr Frank Garrey, Rochdale
 
 
 
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