The appeal process lets the Planning Inspectorate consider all the material planning considerations that are relevant to the case, and from all parties, including from the local planning authority, the applicant and from those who might have made representations.
There is a strict process and timeframe for the submission and processing of appeals.
The appeal process starts with the opportunity for interested parties to submit written representations to the Inspector.
Comments previously made by interested parties will be taken into account by the Inspectorate. It is not necessary to submit comments again unless it is felt necessary to amend, supplement or withdraw them.
The council, in its capacity as the local planning authority, will prepare a Statement of Case and all witnesses will prepare a Proof of Evidence, all to be submitted to the Inspector, and will be uploaded to the document library.
Should interested parties wish to be involved in a formal capacity during the inquiry itself, then they should give consideration to applying for formal ‘Rule 6’ status. Any Rule 6 party must be able to present written and oral evidence to the inquiry and bear the costs of doing so. They should be prepared to examine the evidence put forward by others involved and enter into a Statement of Common Ground if requested to do so. The timescales specified by the Inspector must be followed. Statement of Common Ground if requested to do so. The timescales specified by the Inspector must be followed.
Four weeks before the inquiry opens, the appellant, council and any Rule 6 party must provide their evidence upon which they base their arguments, and agreed Statements of Common Ground. Further written submissions are not normally accepted after this date.
When the inquiry opens, the Inspector will determine the manner in which evidence is to be heard. A site visit will usually follow the hearing of evidence, although no evidence or opinion will be heard during the visit. The Inspector will then normally issue their written decision in a specified timeframe, either dismissing the appeal or allowing the appeal. The decision will be published on the Inspectorate's website and a copy of the decision will be kept on the local planning authority's planning register.