Planning appeals

There are three main reasons that an applicant can appeal to the Planning Inspectorate about.

• The refusal of planning permission

• an application that has not been decided within the appropriate period (8 weeks for minor applications and 13 weeks for major)

• conditions that you object to

• Enforcement notices

Most appeals relating to planning applications must be made to the Planning Inspectorate within a strict time limit from the date of the decision as listed below:

• Refusal of Advert Consent - 8 weeks from the date the decision notice was issued.

• Householder applications (registered after 6th April 2009) and by way of the Householders Appeals Service - 12 weeks from the date of the decision notice. This does not include the change of use of a house or a house that contains flats but does include houses in multiple occupancy (HMO).

• All other application types - 6 months from the date the decision notice was issued.

There is no third party right of appeal in England and Wales. However, anyone who lives near the appeal site or has an interest in the appeal can make a comment on the process.

Householder applications

Appeal made by way of the Householder Appeal Service, members of the public don't have the opportunity to comment at the appeal stage. Letters of representation (objections) are only accepted while the planning application is undetermined usually within the 21 days consultation period but objections can be accepted after that date but only until the application is decided or an appeal process begins.

All representation letters that are received during the planning application process will be passed onto the Planning Inspectorate should an appeal be lodged.

All other methods of appeals

Any comments made in respect of the original application for development will be forwarded to the Planning Inspectorate, and taken into account by the Inspector deciding the appeal. If you would like to comment on the appeal, you must send your comments to the Planning Inspectorate within six weeks of the start date of the Appeal or they will not normally be seen by the Inspector and will be returned.

For information on your right to make further representations on appeals please see the Planning Inspectorate website or follow the links below.

Additional and more detailed information about making an appeal can found on the Planning Portal (UK Government website) and Planning Inspectorate websites. Please note that the Council is not responsible for the contents of these external websites.

Any appeal can be dealt with in one of four ways:

1. Householder Appeals (This only applies to householder applications registered after 6th April 2009. This does not include flats or a building that contains flats): This is a new process for Householder Appeals which proceed by way of written representations only, and is known as the "Householder Appeal Service" (HAS). Background information can be found on the planning inspectorate website. Third parties (anyone other than the applicant) will not have the opportunity to make further representations to the Planning Inspectorate once the appeal is registered. A copy of the Notice to be completed with the Ownership Details on the Appeal Form can be found on the planning inspectorate website.

2. Written Representations: This is the most common method and involves written submissions from the person making the appeal (appellant) and the Local Planning Authority. Third parties can also make representations to the Planning Inspectorate.

3. Informal Hearing: This type of appeal involves an informal discussion of the issues, which is lead by the Planning Inspector following the submission of written submissions. Third parties can also make representations to the Planning Inspectorate.

4. Public Inquiry: This is the most formal of the three appeal processes and is usually reserved for cases that are complex, controversial or require witnesses to be cross examined. The start of the procedure is much the same as the written representations or hearing but there are additional requirements. These include the submission of proofs of evidence, a statement of common ground and a requirement to publicise the inquiry. Third parties can also make representations to the Planning Inspectorate.

The appellant and the local authority can request that their case be dealt with at a Hearing or a Public Inquiry but the Planning Inspectorate will decide which procedure is to be used.