The planning appeals process explained
The decisions made by the Council in relation to any matters concerning planning and development on any of the following:
planning applications for development
applications for consent to display advertisements
applications for works to Listed Buildings
applications for works in Conservation Areas
applications for Certificates of Lawful Use or Development
applications for works to trees covered by a Tree Preservation Order
may be challenged by way of an appeal to the First Secretary of State. An appeal may also be made against an Enforcement Notice requiring remediation of a breach of planning control. All such appeals should be submitted to The Planning Inspectorate, an executive agency of the Office of the Deputy Prime Minister. The exception is appeals relating to works to preserved trees which should be made to the Government Office for the South East, Bridge Road. Details of how to obtain appeal forms and where to submit the completed appeal are attached to the notice of the Council's decision.
Reason for an appeal
Appeals may be made on one of the following three grounds:
refusal of the application
failure to determine the application within the prescribed period, normally within 8 weeks of validation of the application
in respect of any condition attached to a permission, approval or consent issued by the Council
Appeals against Enforcement Notices may be made on a number of grounds relating to the issuing of the notice including the steps required to comply, the period for compliance, and that planning permission should be granted.
Procedure for dealing with appeals
Appeals can be dealt with in one of three ways:
Written Representation - This involves the submission of written statements by the principal parties (Council and appellant) to The Planning Inspectorate. An appointed Inspector will assess the relevant cases, carry out a site visit and make a determination. On this method no legal representation or oral evidence is involved. Third parties, (i.e. local residents) are entitled to submit representations in writing.
Public Hearings - This involves the submission of written statements by the principal parties, the appointed Inspector holds a hearing to take oral evidence. This takes the form of a round table discussion lead by the Inspector. Legal Representation is not allowed. Third parties, i.e.. local residents and other interested parties, may attend and participation the discussion. The Inspector will also visit the site before making his determination.
Public Enquiry - This is a more formal procedure. A statement outlining the case has to be submitted by the principal parties. At a later date detailed proofs of evidence of expert witnesses have to be submitted. At the enquiry the principle parties are normally represented by an advocate (barrister, or planning consultant) who call the expert witnesses to give their evidence. Third parties may participate by making representations to the enquiry. Following a site visit the Inspector will make his determination.
Timetable for dealing with appeals
New regulations introduced in 2000 brought in a strict timetable for dealing with appeals (except advertisement appeals). Once an appeal is validated by The Planning Inspectorate, a start date is set. From that start date the following actions must be carried out within the specified times.
- Within 2 weeks: Council must notify all interested parties of the appeal (local residents, consultees). Council must complete and submit a questionnaire together with copies of documents they intend to rely on their case.
- Within 6 weeks: Council and appellant must submit their written statements to The Planning Inspectorate. Third parties must submit their representations to The Planning Inspectorate.
- Written 9 weeks: Council and appellant may submit comments on each others statements to The Planning Inspectorate. Additional information submitted outside those times is not normally accepted by The Planning Inspectorate and is returned. It will not be seen by the Inspector. Proofs of evidence to be presented to a public enquiry must be submitted not later than 28 days prior to the opening of the enquiry.
Further information
For more detailed information about the making of appeals, a copy of The Planning Inspectorate's following publications can be viewed online by selecting from the links below:
|Guide to taking part in planning appeals
A decision by the local planning authority (LPA) can sometimes lead to an appeal. Only the person who applied for planning permission can appeal against the LPA's decision, but if you had an interest in the application then you will probably also have an interest in the appeal. This guide explains how to make your views known.
|Making your planning appeal
This guide explains the planning appeal procedure and includes appeals to do with listed buildings or buildings in a conservation area. It is aimed at the non-represented appellant.
More information can be obtained direct from the appellant agencies:
|The Planning Inspectorate
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN
Tel No. 0117 372 8624
