The Development Control Appeals Process

Planning Appeals

There are many reasons why planning permission may have been refused for a planning application and these will be clearly detailed within the decision notice issued. In many circumstances these issues can be resolved through close working with the individual case officer who dealt with your planning application. If applied for within one year of the date of the decision being made a further fee will not normally be required and you may receive a decision quicker than through appealing.

There are four main reasons why an appeal may be made to the Planning Inspectorate.

• If you applied to the LPA for Planning Permission, and they:
  
• refused permission;
  
• gave permission but with conditions you think are inappropriate;
  
• haven’t approved the details of a scheme which they or the Secretary of State have already given outline planning permission; or
  
• have approved the details of a scheme but with conditions you think are inappropriate or unreasonable.

• If the LPA rejected a proposal arising from a condition or limitation on a planning permission.

• If the LPA don’t decide you application within the time allowed.
  
  
• If the LPA told you that they needed more information before they could decide your outline planning application, but you do not want to supply this.

In any case, the appeal must be received and accepted as valid by the Planning Inspectorate within six months (from the date of issue of the refusal of planning permission or six months from the date by which the Local Planning Authority should have determined the planning application).

Planning appeals can only be made by the person that made the initial planning application and this must be submitted using an official form which can be obtained from:

Customer Services Team
The Planning Inspectorate
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN

Tel: 0117 372 6372

www.planning-inspectorate.gov.uk


Different forms exist for differing types of appeal so make sure you receive the correct one.

Three copies of the appeal form will need to be filled in, one for the Inspectorate, one for the LPA and the other for you to keep.

You must give your grounds for appeal within the application; this is your opportunity to explain why you disagree with the LPA’s decision. If there are any additional comments you would like the Inspectorate to consider you must make them within this section. The LPA can then comment on these issues within their response to your statement.

There are three different procedures for appeals, ranging from Written Representations which is the most common form of appeal to Hearings and Inquiries. Written Representations is the quickest and cheapest method when determining an appeal and normally involves the exchange of written statements between the applicant, LPA and any third party representations.

When submitting your appeal you should ensure that you include all the following:

• The correct certificate of land ownership;
  
• A copy of your application to the LPA;
  
• A copy of the certificate concerning the ownership of the land sent with the original application;
  
• A list of, and copies of, all relevant documents, drawings and plans which were part of the original planning application, including an environmental statement, if one was sent with the application or if the LPA requested one;
  
• A copy of any decision by the LPA that the application has to be dealt with under the Environmental Impact Assessment Regulations 1999;
  
• Copies of all relevant letters (including any letters or drawings sent to the LPA changing the application);
  
• A copy of the LPA's decision (where applicable);
  
• A plan showing the site in relation to two well-established named roads; and
  
• If you want approval of details of an application, a copy of the original application for outline planning permission, the plan and the outline permission itself.

There are strict deadlines to adhere to within the appeal process and any information sent in later than these dates will normally not be taken into account but instead returned. Once an appeal has been received and accepted a start date will be issued.

• Within two weeks of this date, the LPA will send the appellant and the Inspectorate a questionnaire and also notify interested people of the appeal
  
• Within six weeks of the initial start date, the appellant and the LPA can send a statement of case… (changes to the Planning Appeal Process)

Further information can also be found on the Planning Portal at:

Making a Planning Appeal