Applicants who have received a refusal of planning permission,
or who are not happy with the imposition of a condition on a
planning permission may appeal to the Planning
Inspectorate. Also, where the Council has failed to
determine an application within eight weeks the applicant may also
make such an appeal.
Appeals are dealt with through one of three procedures.
These are through an exchange of Written Representations or by
attending a Public Inquiry or Hearing. If you would like
further details on how the process works the Planning
Inspectorate Appeals has a booklet available "Guide to
taking part in planning appeals" and where comprehensive
information on the appeal process is available.
Important changes to the Appeals
process came into force in April 2009. An overview of Appeal
changes is the guidance that explains the changes and the
procedures to be followed at appeal.
The main changes are summarised as follows
- The Planning Inspectorate will determine the appeal procedure
to be followed for all planning and enforcement cases.
- A new, expedited process for householder appeals which are
suitable for written representations, to be known as
the "Householder Appeals Service"
- An extension of the Costs regime to planning appeals and other
planning proceedings dealt with via written representations.
- Hearings and Inquiries Rules will be changed to remove the 9
week written comment stage. There will still be the opportunity at
the hearing or inquiry itself to make comments.
- Inquiries Rules will be changed to require the submission of
Statements of Common Ground 6 weeks after the appeal's start date,
rather than 4 weeks before the inquiry event itself (as now).
Householder Appeals Service
From 6th April 2009 there have been significant
MANDATORY changes to the Householder Appeal
Service. All Local Planning Authorities will be required to follow
this new procedure.
These changes apply to all householder planning applications,
including refusals against conditions on householder
applications (not appeals) submitted on or after
6th April 2009. This is to be known as
the Householder Appeal Service (HAS)
The critical changes are:
- The time limit for making a Householder Appeal will be reduced
to 12 weeks from the decision date.
- Third parties will not be given another opportunity to comment
although they will be notified of the appeal.
- The report (delegated or committee) and decision notice will
form the basis of the Councils appeal case. No further written
statements will be able to be submitted.
- The Council will provide the Planning Inspectorate with an
electronic case file. This will include the appeal questionnaire
and all the documents referred to, including third party letters of
More information on HAS.
If you are making an appeal or would like more information you
can contact Planning Services on 01909 533188.
Last Updated - 28/07/2011