You can appeal to the Planning Inspectorate
if:-
- your application has been refused
- a decision has not been made within 8 or 13 weeks (depending on
the type of application made)
- you are dissatisfied with a condition(s) imposed on a
planning permission.
Appeals are considered by a Planning Inspector appointed by the
Secretary of State. However, before you appeal it may be worthwhile
discussing with the case officer why your proposal was refused and
whether any changes to the proposal would be acceptable. A second
planning application for a similar proposal submitted within twelve
months of a refusal does not need a further fee.
Who Can Appeal?
The only person who can lodge an
appeal is the applicant. Objectors or supporters of a planning
application have no rights of appeal. Anyone who commented on the
application will be notified of the appeal and further
comments can be submitted directly to the Planning Inspector.
Please note for housholder appeals further comments cannot be
made.
How long have I got to appeal?
You have six months
from the date of the decision notice, 12 weeks for householder
appeals and 8 weeks for advertisement appeals.
Is it expensive?
There is no fee for making an
appeal on planning applications (except for certain enforcement
cases).
How is an appeal decidedl?
There are
three kinds of appeal for planning applications:
(a) Written Representations: This method is usually the easiest
and quickest procedure. You or your agent make a full statement in
writing of your case and the local authority does the same. Both
parties have the chance to comment on each others statements. The
Inspector receives this information, makes a site visit and comes
to a decision.
(b) Informal Hearing: This involves a discussion about the
merits of the proposal taking place between the Inspector, the
local Planning authority and appellant. Planning
consultants, other specialists and third parties (eg
neighbours) can contribute.
(c) Public Inquiry: This is the most costly and lengthy
procedure. You or your consultant / solicitor can cross-examine the
local planning authority and equally, the local planning authority
can cross examine you or your consultant. As with Informal Hearings
third parties may give evidence.
There is a specific procedure for householder appeals. Plese
follow the link for details.
How long will it take?
Once you make an appeal the
Planning Inspectorate will give you a "start date"
and timetable of events. Both you and the local planning
authority must meet the deadlines.
How do I start?
You must apply to the Planning Inspectorate. Appeals can easily be
made on-line. Follow this link to the
Planning
Portal web page for further details. Alternatively request
the relevant forms by phoning 0117 3726372 or write to them
at:-
The Planning Inspectorate
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN
When appealing you will need to complete the form and attach
copies of all relevant documents.
If you require further information on any planning application
please telephone (01376) 552525 or visit the
Planning
Inspectorate's web page.
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