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planning-applications.co.uk |
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PLANNING APPEALS
Background
The planning
appeals system exists to provide an independent decision between an applicant for
planning permission that is aggrieved at the refusal (or lack of it) by the
Council, and the local authority that issued the decision.
The appeal
system is operated by the Planning Inspectorate, who are based in Bristol
for appeals in
For every
appeal an Inspector is appointed to hear all the evidence from both parties
and, having given due consideration to all matters raised, makes his own
judgement in a written Planning Appeal Decision Notice.
Except in
unusual circumstances this decision will be final and binding upon both
parties. If the Inspector upholds the appeal and agrees with the appellant, his
decision notice will become the planning permission and will set out any
necessary conditions, time limits etc.
If the
Inspector dismisses the appeal and agrees with the Councils' position, then his
decision notice will act as a refusal notice in addition to the one already
issued.
Appeals
should not be entered into frivolously. There are circumstances in which costs
may be awarded against the appellant if the Council argue that the appeal
should never have been made in the first place. This is discussed at [COSTS].
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