Appeals Process
The Planning Appeal Process
Planning appeals can be made against the refusal of planning permission and all other applications dealt with under the town and country planning legislation.
They can also be made where planning permission has been granted, but is subject to conditions which the applicant finds unacceptable.
They can also be made against non-determination, when the Local Planning Authority fails to determine the application within the statutory period.
They can also be made against Enforcement Notices. Please note that there is no right of appeal against either a Stop Notice or a Temporary Stop Notice.
Where a planning appeal is made, the case will be heard by an Inspector from the Planning Inspectorate. He or she will consider all matters submitted regarding the appeal, both for and against, and will visit the site prior to making his or her decision. The decision will be on planning grounds and will be made on the basis of the information submitted.
There are three procedures by which the planning appeal may be heard:
- Written Representations; or
- Informal Hearing; or
- Public Inquiry.
Written representations
This is the quickest and simplest method of appeal and involves an exchange of written information. Whilst the exchange of information is set out in a prescribed form, the process is informal. An Inspector will still visit the site. It is suitable for appeals which meet the following criteria:
- The appeal is not a gypsy and travellers case.
- The appeal is not for an agricultural worker’s dwelling or similar proposal dependent on demonstrating a business need and financial viability.
- There is no evidence that either party will wish to claim costs.
- The appeal can be reasonably argued and understood by all parties using the written submissions, photographs, plans and Inspector’s site visit.
- There is no evidence of need to cross-examine or take evidence under oath.
Over 80% of appeals are dealt with in this way and the Planning Inspectorate aim to make a decision within 16 weeks of the date of appeal.
Informal Hearing
This is a more complicated process and involves a ‘round table’ session with the Inspector, the Local Planning Authority, the applicant (who is now called ‘the appellant’) and third parties. There is an exchange of correspondence prior to the Hearing and the Inspector will ask all interested parties to explain their case and answer questions. The Inspector will visit the site.
The Informal Hearing procedure is suitable for cases where the issues are more complicated and may be of wider than local interest. In addition, to be suitable for an Informal Hearing the appeal should meet the following criteria:
- Not meeting the criteria above for a written representations appeals.
- The duration of the hearing is not anticipated to normally last longer than one day.
- There is no indication of a need for formal cross-examination or evidence taken under oath.
Around 16% of appeals are dealt with by Informal Hearing and the Planning Inspectorate aim to make a decision within 30 weeks of the date of appeal.
Public Inquiry
This is the most formal of the methods of appeal and is suitable for case where the criteria for either Written Representations or an Informal Hearing are not met. It is suitable for cases where matters of policy need to be debated or where there is more than local interest.
Around 4% of appeal are dealt with by Public Inquiry. The timescale for a decision will depend on the complexity of the proposal, but the Planning Inspectorate aim to open Inquiries within 20 weeks of the official start date of the case and, in 80% of the cases, to issue a decision within 10 weeks of the close of the Inquiry.
For more information on appeals or to download the necessary forms please visit the Planning Inspectorate website at www.planning-inspectorate.gov.uk.
You can see details of appeals that the Broads Authority is involved in through Public Access.
