If you are dissatisfied with the local authority's decision on your planning application, you may be able to appeal to the Secretary of State for the Environment, Transport and the Regions.

The decision notice you have received tells you what to do, but this explains the procedures in more detail.

The steps you need to take are similar for appeals relating to enforcement, listed building consents, advertisements and tree preservation orders. As a first step it is best to contact the Development Control section at Braintree. Our staff may be able to help explain why your proposal was not acceptable.

Who Can Appeal?

The only person who can lodge an appeal is the person who made the planning application. That person may, of course, have been acting through or employing an agent - a professional adviser, for instance - but whoever has originally been named as 'the applicant' must pursue the appeal as 'the appellant' although, again, they may use an agent. Objectors to a planning application have no rights of appeal, nor can an appeal be made by someone in support of a planning application which is refused by the local planning authority.

What can be Appealed against?

You can appeal if: permission has been refused; you object to a condition imposed by the local authority the local authority does not take a decision within eight weeks of your application - unless, of course, you have agreed to a request by the Planning Department for extra time. Such a request might be made if there are special technical matters to be dealt with or to fit into the meeting-date cycle of the Committee.

How long have I got?

You have six months from the date of the decision notice, or, if none has been issued, you have six months plus eight weeks (or any longer period you have agreed) from the date of your application.

Who runs the Appeal System?

Planning Inspectorate, Tollgate House, Houlton Street, Bristol BS2 9DJ.

Is it worth it?

In most cases, the decisions of the planning authority are supported by the Secretary of State; but if you feel the decision you have been given is out of line with previous decisions, you may appeal. Remember that only factors relating to planning matters can be considered. You may be aggrieved with the local authority but not by factors which are recognised as genuine planning reasons. If you are unhappy about the way the Council has handled the matter please ask for advice on our Complaints Procedure.

Is it expensive?

There is no fee for making an appeal on planning applications (except for certain enforcement cases). Obviously, professional planning advice may have to be paid for. If you are considering employing a planning consultant, ask us, or the Royal Town Planning Institute, for information about Chartered Town Planners in the area. Consultants can give you an estimate of fees depending on how much help you need.

Planning Advice

If your case is complicated or key financial interests are at stake, you are advised to retain the services of a consultant chartered town planner in private practice, but in many areas RTPI branches offer a volunteer Planning Aid Service. Details are available from the Planning Department. Remember, you will normally have to pay your own costs and you can seldom recover them from the local authority, even if your appeal is successful.

Negotiations

Difficulties can sometimes be resolved by negotiation. A second planning application within twelve months of a refusal does not need a further fee if the proposal is the same or similar. It may pay you to engage a consultant chartered town planner to help to reach an agreement.

Remember, you must lodge your appeal within six months; but pursuing an appeal should be considered as a last resort. Under certain circumstances it's possible to keep an appeal on hold while negotiations continue. You can, of course, withdraw an appeal at any time simply by informing the Secretary of State and the local planning authority.

How do I start?

To begin with you must apply on the appropriate form to the Secretary of State. You get this form -together with a booklet of helpful information -from the Planning Inspectorate or the Department of the Environment, Transport and the Regions.

If you are appealing against failure to issue a decision, we can advise you on what to do. It is important that you fill in the form completely, attaching all the necessary copies of relevant papers as indicated. The appeal will be handled on the basis of what you put on the form, so make sure you state all your reasons. Set out the facts clearly and simply and, as far as possible, refer to events in order, quoting relevant dates. Techniques such as numbered paragraphs will help an Inspector to follow your argument. A cool and business-like statement is likely to make the most effective impact.

What sort of an appeal?

There are three kinds of appeal:

(a) Public Inquiry: You are entitled to have a Public Inquiry. If there are any particular points or statements from supporters that you feel would come out better at an Inquiry, then this is the best method to use. You can cross-examine, or use a consultant chartered town planner. In certain circumstances the services of a solicitor would be desirable. If you are going to the expense of an Inquiry it is usually better to seek professional advice on preparing and presenting your case.

(b) Hearing: In certain cases, the Planning Inspectorate may suggest that the Inquiry takes the form of a 'Hearing'. This is a less formal procedure where discussion takes place between the Inspector and the interested parties. It is not usual for them to be legally represented, but planning consultants and other specialists can contribute.

(c) Written Representations: This method is usually easiest and quickest, provided the local authority agrees; it avoids an expensive Inquiry. What happens follows a simple timetable; you or your agent make a full statement in writing of your case; the local authority does the same. You see the local authority's case and they see yours; both parties have the chance to comment. The Inspector receives this information, makes a site visit and comes to a decision.

How long will it take?

Most appeals are determined by a Planning Inspector appointed by the Planning Inspectorate. Once the Inquiry is complete, a decision follows fairly quickly. It does, however, take a little time to set up a Public Inquiry. There's a rough guideline that written representations should be cleared within four months from the date you appealed, and the decision after an appeal inquiry should reach you within nine months from appeal to decision.

Can I challenge the decision?

You can only challenge on a point of law, if you feel the requirements of the planning acts or rules of procedure have not been carried out. When you get the appeal decision, a leaflet will be enclosed explaining the way in which it may be challenged.

Any challenge must be made through the High Court, and you will need legal advice. Unless the advice you are given shows you have a reasonable case it is unlikely that you'll win, and to proceed in these circumstances may result in substantial costs.

Summary

It's important to make sure your information is up to date. Ask the Planning Department for details of up-to-date planning policies. Remember that local authorities have been advised by the Department of the Environment, Transport and the Regions not to serve enforcement notices unless they have a very good case.

Should you decide to appeal, it will not prejudice future negotiations with the local planning authority.

Finally, remember you may manage to achieve your objective by negotiation, which could save you time and money.

If you require further information on any planning application please telephone (01376) 557783

or write to:

Development Control, Braintree District Council, Causeway House, Braintree, Essex, CM7 9HB

Fax: (01376) 557787 / DX 56210 Braintree

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